Thursday, March 1, 2007

TOP STORY >>Two Airmen convicted of assault in courts martial

Two 714th Training Squadron Airmen were convicted in summary courts martial for their parts in a assault on commissioned officers.

Airman Basic Cory D. Sliker was charged with one charge and two specifications of assault upon a commissioned officer. He pled and was found guilty Jan. 22 of a lesser offense of assault consummated by a battery in violation of Article 128 of the Uniform Code of Military Justice. The summary court martial sentenced him to 21 days confinement, forfeiture of $867 pay and hard labor without confinement for 13 days.

Airman Basic Michael A. Andreozzi was charged with one charge and specification of assault upon a commissioned officer, he pled guilty to the lesser offense of assault consummated by a battery but was found guilty of the charged offense Jan. 31. He was also charged with one charge and specification of wrongful use of an identification card to which he plead guilty. The summary court martial sentenced him to 30 days confinement and forfeiture of $876 pay.

The incident occurred outside an off base drinking establishment. Airmen Andreozzi used a fake ID card to gain entry into the establishment. At the end of the evening, both members were with a group of Airmen who were standing around waiting for a ride when a brief conversation commenced with two Air Force officers which led to the officers being assaulted without provocation. All members were wearing civilian clothes.

The member’s commander determined that this case was best served by going to a summary court-martial. A summary court-martial is a option for a commander who is looking at a minor offense that is in the gray area between an Article 15 and a special court-martial.

A commander determines whether the alleged misconduct is a “minor offense” based upon several factors, including: (1) the nature of the offense and circumstances surrounding its commission; (2) the offender’s age, rank, duty assignment, record, and experience; and (3) the maximum sentence authorized for the offense if tried by a general court-martial.

Ordinarily, an offense is “minor” if the maximum sentence possible would not include a dishonorable discharge or confinement for longer than one year if tried by a general court-martial. Summary courts-martial are courts of limited jurisdiction. The Rules for Court-Martial limit who may be brought before the court, the offenses that may be the subject of such a court, and what punishment may be judged based upon the rank of the accused. A defining jurisdictional limitation, which is similar to nonjudicial action under Article 15, is an accused may not be brought before a summary court-martial over his or her objection.

Moreover, an accused must be given “a reasonable period of time” to decide whether they want to submit to the jurisdiction of a summary court-martial. Court-martials are open to the public and everyone is welcome to attend. For information on upcoming court-martials, call the Legal Office at 987-7886.

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