U.S. v. E-4, United States Army
November 14, 2018
Joint Base Lewis-McChord (JBLM)
The Government accuses Specialist (SPC) of negligently shooting his battle buddy with a hand gun through the chest. The SPC is also accused of threatening his command, drunk and disorderly conduct, and failing to register his weapon on-post. The SPC decides to plead guilty to several of the offenses, but does not want a Bad Conduct Discharge (BCD) because he knows that will seriously prejudice his future and result in the loss of medical benefits. The SPC’s assigned military counsel tells him that it will be “impossible” to avoid a BCD in the case and that it was “silly to not accept his fate.” Upon hearing this, the SPC retains Mr. Robert Capovilla to specifically represent him during the pre-sentencing phase of the trial in order to avoid a BCD. Mr. Capovilla meets with the client in pre-trial confinement every week for 9 weeks in preparation for the case. Capovilla identifies several character witnesses willing to testify for the client, conducts a full investigation into the client’s background and upbringing, and discovers that the client is dutifully taking care of his sick mother despite personal sacrifices of his own. During the pre-sentencing phase of the trial, Mr. Capovilla calls witnesses and argues on behalf of his client specifically asking that the Military Judge not order a Bad Conduct Discharge.
Case Result
NO DISCHARGE and only minimal punishment. Client retains ALL MEDICAL RETIREMENT BENEFITS
