Lackland Military Training Instructor SSgt Kwinton Estacio Pleaded Guilty; Sentenced to 1 Year in Prison for Unprofessional Relationship (September 10, 2012)

On September 10, 2012September 1, 2020 By AdministratorIn Armed Forces, Sexual Assault, USAFLeave a comment

Screen Shot 2016-07-30 at 4.01.44 PM — SSgt Kwinton Estacio, US Air Force

“If Estacio had been convicted of sexual assault or wrongful sexual contact, the Air Force would have been required to notify state officials so he could be placed on a sex-offender registry, said Lt. Col. Mark Hoover, an Air Force training command attorney.” -My SA

SSgt Kwinton Estacio was a basic military training instructor as Lackland Air Force Base in Texas. He was one of the 35 instructors courts martialed in what is referred to as the Lackland Sex Scandal. SSgt Estacio was accused of a sexual assault and wrongful sexual contact with a trainee. The judge found him not guilty of sexual assault as there was not enough evidence to support the charge. A sexual assault conviction carried a maximum sentence of thirty years. A jury found him not guilty of wrongful sexual contact. Sexual assault and wrongful sexual contact indictments could have landed him on the sex offender registry. SSgt Estacio pleaded guilty to an unprofessional relationship, disobeying a direct order, and obstruction of justice. He was sentenced to one year in prison and received a bad conduct discharge. He appealed his sentence but the appeal was denied. Although the actions for which he was found guilty were unprofessional and in fact UCMJ infractions, they were not criminal in nature yet he was sentenced to 1 year in prison. SSgt Estacio had the sixth longest prison sentence in the Lackland scandal. SrA Christopher Oliver had the fifth longest sentence at 2 years for unprofessional relationships and adultery. SSgt Craig LeBlanc had the fourth longest sentence at 2 1/2 years for unprofessional relationships & adultery. SSgt Eddy Soto had the third longest sentence at 4 years for rape but Soto’s conviction was later overturned by the Air Force Criminal Court of Appeals. The rape charge lacked sufficient evidence to prove beyond a reasonable doubt. SSgt Luis Walker and MSgt Michael Silva both received 20 year sentences for rape and sexual assault.

Lackland Basic Military Training Instructor Air Force SSgt Luis Walker Sentenced to 20 Years in Prison for Rape and Sexual Assault; Died By Suicide Two Years Later (July 21, 2012)

On July 21, 2012August 30, 2020 By AdministratorIn Armed Forces, Felony Crime, Military Policy, Scandals, Sexual Assault, Stateside Death, Suicide, USAFLeave a comment

Screen Shot 2016-07-07 at 11.45.13 AM — SSgt Luis Walker, U.S. Air Force (Photo: Billy Calzada/San Antonio Express-News via AP)

Air Force SSgt. Luis Walker was a basic training instructor at Lackland Air Force Base in Texas. After an investigation into allegations of improper relationships and abuse of power at the training facility in 2011, SSgt Walker was charged with sexual assault. One of his victims stated under sworn testimony that he had raped her. As a result of the court martial, he was found guilty and sentenced to 20 years in prison as opposed to the original life sentence he was faced with. Shortly after the conviction, his wife spoke out publicly claiming that her husband was innocent and that he did not get a fair trial. SSgt Walker also echoed those sentiments when asked for a statement from the Air Force Times (see quote below). A few months later, one of the victims in the trial went public with her story. Virginia Messick shared that she was raped by SSgt Walker and that it was a harrowing experience. She also later reported that she was facing battles trying to get disability benefits for Post Traumatic Stress Disorder (PTSD) from the Department of Veterans Affairs. SSgt Walker’s attempt to overturn the sexual assault conviction on appeal were eventually denied. It was only a few months later that he would be found dead in his cell at Fort Leavenworth from an apparent suicide.

“These setbacks have discouraged me and at times I have wanted to give up, but because of my family, I can not. I am a human being and an American, I deserve the right to a fair trial. There has been a lot of focus on the number of alleged victims in my case, instead of the charges against me, when in fact each charge should stand on its own.” -SSgt Luis Walker (USA Today, September 3, 2014)

House Armed Services Committee Initiatives Regarding Military Sexual Assault (2011)

On July 12, 2011May 11, 2025 By AdministratorIn Armed Forces, Army, Felony Crime, Military Policy, National Guard, Navy, Sexual Assault, USAF, USCG, USMCLeave a comment

PDF for House Armed Services Committee Initiatives Regarding Sexual Assault

Fort Bragg Army Spc. Morganne McBeth Killed by Fellow Soldier in Iraq; Spc. Nicholas Bailey Sentenced to Nine Months in Prison (July 2, 2010)

On July 2, 2010July 3, 2020 By AdministratorIn Armed Forces, Army, Domestic Violence, Felony Crime, Homicide, In Their Name, Military Policy, Non Combat Death1 Comment

Morganne McBeth.png — Spc. Morganne McBeth, U.S. Army

Army Spc. Morganne McBeth, 19, died July 2, 2010 of wounds sustained on July 1. This was considered a non combat death in Iraq and her death was ruled a homicide. Morganne was supporting Operation Iraqi Freedom on behalf of the 1st Special Troops Battalion, 1st Brigade Combat Team, 82nd Airborne Division at Fort Bragg in North Carolina. McBeth was stabbed by a fellow Army soldier Specialist Nicholas Bailey. According to court testimony, Bailey stabbed Morganne McBeth while ‘horsing around’ in a tent in Iraq. Nicholas Bailey was sentenced to nine months in prison, demoted to private, and given a bad conduct discharge.

“Involuntary manslaughter can be committed in one of two ways,” an 82nd Airborne official said in an e-mail. “…through culpable negligence or by causing a death while committing or attempting to commit an offense directly affecting the person, other than burglary, sodomy, rape, robbery, or aggravated arson. Note that these are the five offenses covered in the felony murder rule. As the manual for court martials points out, culpable negligence is a degree of carelessness greater than simple negligence. It is a negligent act or omission which is accompanied by a culpable disregard for the foreseeable consequences to others of that act or omission.” -Army Times

Joshua Tabor, US Army, Sentenced to 60 Days for Waterboarding His 4 Year Old Daughter (2010)

On January 31, 2010October 10, 2015 By AdministratorIn Armed Forces, Army, Child Abuse, Felony CrimeLeave a comment

Joshua Tabor, Who Served in Iraq, Accused of Waterboarding Daughter
U.S. soldier Joshua Tabor waterboards his daughter, 4, because she couldn’t recite alphabet: police
Police: Iraq War Vet Joshua Tabor Waterboarded 4-Year-Old Daughter Over ABC’s
U.S. soldier ‘waterboarded his own daughter, 4, because she couldn’t recite alphabet’
Police: Iraq vet abused daughter, held her head in water
Soldier Charged with Water-Torturing Daughter, 4
Army sergeant pleads not guilty to water torturing daughter
Army Sergeant Accused of Abusing Daughter Has Georgia Ties
Army sgt. pleads not guilty in water torture of 4-year-old daughter
Army Sergeant Joshua Tabor was sentenced to 60 days in jail this morning after investigators say he “water boarded” his three-year-old daughter

Army SSG John Russell Killed Five Fellow Soldiers at a Mental Health Clinic in Iraq; Found Guilty of Premeditated Murder, Sentenced to Life in Prison (May 11, 2009)

On May 11, 2009May 4, 2019 By AdministratorIn Armed Forces, Army, Felony Crime, Military PolicyLeave a comment

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Honoring the Victims:

On May 11, 2009, SSG John Russell gunned down five of his fellow comrades at a mental health clinic at Camp Liberty in Iraq with his M-16. It was revealed that he had an argument with someone at the clinic, left, and came back with his gun. His crimes were determined to be premeditated. He was arrested and subsequently charged with murder and aggravated assault of another soldier that was seriously injured. Days before the killings witnesses noticed that he was distant and having suicidal thoughts. He was also scheduled to leave Iraq in a few days. He was tried for the murders of his fellow comrades and found guilty. He was sentenced to life in prison on May 16, 2013. But his family feels that the Army should also take responsibility for their actions. The family believes that John was broken and not treated for the injuries he sustained in combat, in the line of duty. SSG Russell was being treated for symptoms associated with Post Traumatic Stress with medications but it is believed that the psychotropics the military psychiatrists prescribed to him may have played a role in his actions. He was described as a kind, caring man up until the day he committed the unforeseen murders against his fellow soldiers.

History: The Military And Domestic Abuse (January 28, 2009)

On January 28, 2009June 22, 2019 By AdministratorIn Armed Forces, Army, Child Abuse, Domestic Violence, Felony Crime, Homicide, In Their Name, Military Policy, Navy, PTSD, TBI, Mental Illness, Scandals, Sexual Assault, USAF, USCG, USMCLeave a comment

Critics say the military needs to do more about domestic violence against women. A CBS News investigation found more than 25,000 women have been victimized over the past decade. Katie Couric reports. -CBS

MJFA Research:
Fort Bragg Army Nurse Lt Holley Wimunc Murdered by Marine Husband the Day After She Announced Divorce, John Wimunc Sentenced to Life in Prison (2008)
Rep. Braley introduces Holley Lynn James Act (2011)
Army Spouse Katherine Morris Found Dead in Car Near Mall; Cause of Death Initially Ruled Suicide But Further Investigation Suggests Homicide Motivated by Insurance Fraud (2012)
Evidence Reveals Army Reserve Recruiter Adam Arndt Murdered HS Student & Recruit Michelle Miller, Then Killed Self; Army Claims Double Suicide (2013)
Army Sgt Michael Walker Allegedly Conspired to Murder Wife with Prostitute for Insurance Money; Awaiting Murder Trial in Hawaii Civilian Court (2014)
Army Pfc Karlyn Ramirez Found Shot to Death in Home, Army Veteran Dolores Delgado Plead Guilty & Army Sgt Maliek Kearney Awaiting Trial (2015)
Army Pfc. Shadow McClaine Reported Missing at Fort Campbell on 9/2; Spc. Charles Robinson Pleaded Guilty to Murder, Sgt. Jamal Williams-McCray Awaiting Trial (2016)
Life Insurance Fraud is a Common Motive for Murder in the Military
A List of Soldiers Targeted & Murdered for Military Survivor and Life Insurance Benefits
30 Domestic Abuse Cases in the Military That Ended in the Murder of Female Partners
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members

History:
Spouse Abuse A Military Problem (1999)
Pentagon Reveals 50,000 Abused Military Spouses (1999)
General: The Good Soldier Doesn’t Beat His Wife (2001)
Retired judge remembers ‘60 Minutes’ Ed Bradley (2006)
When Strains on Military Families Turn Deadly (2008)
PTSD and Domestic Abuse: Husbands Who Bring the War Home (2010)
Domestic violence: end of your time in the military? (2011)
Reports of family violence, abuse within military rise (2011)
A Silent Epidemic: Spousal Abuse is the Military’s Best Kept Secret (2012)
High risk of military domestic violence on the home front (2014)
How The Military Failed This Victim Of Domestic Violence (2014)
DoD Highlights Programs to Prevent, Treat Domestic Violence (2014)
After Combat Stress, Violence Can Show Up At Home (2016)
Sutherland Springs Church Killer Was Kicked Out of Air Force for ‘Bad Conduct’ (2017)
An Air Force error allowed the Texas gunman to buy weapons (2017)
Air Force Failed to Report Texas Church Gunman Devin Kelley’s Domestic Violence Convictions (2017)
Here’s the Document That Should Have Prevented Devin Kelley From Buying Guns (2017)
Read Devin P. Kelley’s assault and domestic violence court documents (2017)
The loophole that may have given the Texas church gunman access to his arsenal (2017)
A Domestic Violence Loophole In The UCMJ? [Update: Kelley Was In A Mental Health Facility] (2017)
Texas shooting puts scrutiny on military’s criminal reporting system (2017)
The military reports almost no domestic abusers to the main background check database for guns (2017)
Defense Department has Reported Only One Domestic Abuser to Federal Gun Database (2017)
US military consistently fails to report domestic violence to gun database, senators say (2017)
The Air Force Error That Let the Texas Church Shooter Buy a Gun Is Just One of ‘Thousands’ (2017)
There Is No Domestic Violence Loophole in Military Law (2017)
Assault charges erased by veterans’ ‘Valor Act’ (2017)
Clarifying Our Reporting on the Military, Domestic Violence Records, and Gun Background Checks (2018)

Congressional Action:
Jeff Flake, Martin Heinrich introduce bill to close domestic violence loophole in military (2017)
Hirono Bill Closes Military Loophole On Firearm Purchases (2017)
Sen. Hirono Introduces Military Domestic Violence Reporting Enhancement Act (2017)
Rep. Rosen Introduces Bipartisan Bill to Close Loophole in Military Justice System that Allows Convicted Domestic Abusers to Buy Guns (2017)
Following Shooting in Texas, Kaine Introduces Bill to Close Loophole in Military Justice System that Enables Convicted Abusers to Purchase Guns (2017)
Military wife alleges abuse in the Army (2018)
Victims can face obstacles in domestic violence cases involving soldiers (2018)
Tillis Chairs Hearing on Domestic Violence and Child Abuse in the Military (2018)
YouTube: Tillis Chairs Hearing on Domestic Violence and Child Abuse in the Military (2018)
C-SPAN: Hearing Focuses on Domestic Violence & Child Abuse in the Military (2018)
SASC: Hearing Focuses on Domestic Violence & Child Abuse in the Military (2018)
Mother of sexually abused child: The military is failing victims (2018)
Lawmakers move to make domestic violence a crime under UCMJ (2018)
The UCMJ May Get A Domestic Violence Update To Prevent The Next Texas Church Shooting (2018)
UCMJ domestic violence overhaul aims to prevent another mass shooting (2018)
Rosen Amendment to Make Domestic Violence a Crime Under the U.S. Military Code of Justice Passes the House Armed Services Committee (2018)
S. 2129: Military Domestic Violence Reporting Enhancement Act

Army SFC Kelly Stewart Accused of Sexual Assault by German Citizen in a ‘He Said She Said’ Case; Despite Proving Innocence, Railroaded With Collateral Charges (August 23, 2008)

On August 23, 2008August 8, 2019 By AdministratorIn Armed Forces, Army, In Their Name, Military Policy, Scandals, Sexual AssaultLeave a comment

unknown-6 — Sgt. 1st Class Kelly Stewart, US Army

The early morning hours of August 23, 2008 changed Army Special Forces soldier Sgt. 1st Class Kelly Stewart’s life forever. Stewart went out for a night of drinking and partying in Germany with some other soldiers. Stewart was approached by a woman, a German citizen, and they began to dance. An hour or so later, they would leave together to engage in a casual one night stand. The next morning they said their goodbyes and she gave Stewart her number. A couple months later, Stewart would learn from German police and the Army Criminal Investigation Division (CID) that he was being accused of sexual assault by this same woman. Three Days in August by Bob McCarty takes the reader step by step through Kelly Stewart’s military court proceedings in Germany in August 2009. This book reveals the reasons so many concerned citizens are fighting for military justice reform. Whether you believe he is guilty or not, Kelly Stewart was railroaded with collateral charges in this particular court martial. There was no evidence, no forensic testing, and no witnesses to prove guilt beyond a reasonable doubt yet Kelly Stewart paid the price for embarrassing the US Army in an international incident.

Kelly Stewart had a stellar career and zero history of any wrong-doing in his more then ten year career, including behavioral and criminal. But the military prosecutor would lead you to believe he was a violent rapist luring his one victim with manipulation, not force. You read the book and decide for yourself if Kelly Stewart fits the modus operandi of a would be predator. After watching the Netflix docuseries Making a Murderer and reading Kelly Stewart’s record of trial, it’s looking like we have a case of making a rapist. As with all investigations, this is a testament to the value of the right to remain silent whether talking to your Chain of Command or an investigator. Given the military’s track record with aggressive and ruthless tactics, silence will prevent them from twisting your statements into something they are not. Kelly Stewart may have committed adultery and he owned up to it but what if when questioned he had said nothing and denied even knowing her. It’s not his fault that he or any of our soldiers think they can trust the system only to learn that it will betray them. Nothing can stop us from educating our soldiers about their due process rights, the same rights protected by the very Constitution they are willing to die for.

Honor and Dishonor: The trials of Sgt. Brent Burke

On September 11, 2007June 6, 2017 By AdministratorIn Armed Forces, Army, Domestic Violence, Felony Crime, Homicide, Military Policy, Scandals2 Comments

H onor and Dishonor: The trials of Sgt. Brent Burke

Sergeant Brent Burke earned his stripes at Fort Campbell, Kentucky — home base for his division, the legendary 101st Airborne. Once under the command of former General David Petraeus, the soldiers of the 101st have seen more action than most soldiers in the U.S. Army. It is also where Sgt. Burke will learn if he will continue to serve in the Army, or if he will serve out his life in prison, because military prosecutors in the Army’s Judge Advocate General’s Corps, known as JAG, will court martial Sgt. Brent Burke for double homicide.

“I would say that the tough part of any case like this is the fact that it was four years old … and it was mostly circumstantial evidence and when you put all that together it certainly makes for a difficult case,” JAG prosecutor Lt. Col Matthew Calarco told “48 Hours” correspondent Richard Schlesinger. Lieutenant Colonel Matt Calarco’s mission, after four civilian trials failed to get a verdict, is to finally prove Sgt. Burke shot and killed his wife, Tracy, and her ex-husband’s mother, Karen Comer, on Sept. 11, 2007.

Two Unarmed Teens are Killed in Iraq, Army Sgt. Michael Barbera Charged with Murder, Charges Later Dropped by Military (2007)

On March 6, 2007March 4, 2018 By AdministratorIn Armed Forces, Army, Military Policy, ScandalsLeave a comment

MILITARY JUSTICE FOR ALL

Tag: UCMJ

Lackland Military Training Instructor SSgt Kwinton Estacio Pleaded Guilty; Sentenced to 1 Year in Prison for Unprofessional Relationship (September 10, 2012)

Lackland Basic Military Training Instructor Air Force SSgt Luis Walker Sentenced to 20 Years in Prison for Rape and Sexual Assault; Died By Suicide Two Years Later (July 21, 2012)

House Armed Services Committee Initiatives Regarding Military Sexual Assault (2011)

Fort Bragg Army Spc. Morganne McBeth Killed by Fellow Soldier in Iraq; Spc. Nicholas Bailey Sentenced to Nine Months in Prison (July 2, 2010)

Joshua Tabor, US Army, Sentenced to 60 Days for Waterboarding His 4 Year Old Daughter (2010)

Army SSG John Russell Killed Five Fellow Soldiers at a Mental Health Clinic in Iraq; Found Guilty of Premeditated Murder, Sentenced to Life in Prison (May 11, 2009)

History: The Military And Domestic Abuse (January 28, 2009)

Army SFC Kelly Stewart Accused of Sexual Assault by German Citizen in a ‘He Said She Said’ Case; Despite Proving Innocence, Railroaded With Collateral Charges (August 23, 2008)

Honor and Dishonor: The trials of Sgt. Brent Burke

Two Unarmed Teens are Killed in Iraq, Army Sgt. Michael Barbera Charged with Murder, Charges Later Dropped by Military (2007)

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