About 2 months ago I was arrested for article 92 violation. If my command pursues it, what are my options?

SGT Private RallyPoint Member — Tue, 26 Jul 2016 07:12:08 -0400

My dog broke his tie out and bit three people I had a broken foot and was unable to effectively catch him. I had him put down the next day. It was hard but people must come first. 1 injury required stitches, no lawsuits involved and the mps said I followed the rules. So is it likely to be pursued and if so what are my options?

Response by SGM Erik Marquez made Jul 26 at 2016 7:19 AM

SGM Erik Marquez — Tue, 26 Jul 2016 07:19:03 -0400

SGT Private RallyPoint Member Id say get out in front of it, talk with the commander, state what happened, what actions you took to make it right and ask thier advice, you want to do the right thing, what else should i do?
1:You will get an instant read on what the "mood" is and perhaps some real insight on the direction this is heading.
2: You show them your taking this head on, accepting personal responsibility., acknowledging the fault and working to make it right. We all make mistake, it is what you do after that counts.
3: You are not forcing then to "wonder" what is going on, assuming the worst, you give them an opportunity to vent if needed and be the leader...working to a path that is moving on... If that is a crappy path and you get your pre trial notice and counseling, at least its in the open.

of note I have some personal experience with this..
I had two of my pups get out an broken gate, they walked the area and came upon a cat, said cat did not end well, cops called, they chased the dogs back to the house and thier property... once there one dog turned and warned the chasing offcier not to come further on the property.. he ignored the clear signs and continued into the fenced yard, was bit
this was off post, I was charged with failure to control my domestic animal.
Cited on paper not technically arrested.
I too felt compelled to euthanize the one pup that bit a human,,, not happy about it it all, and felt she was only guarding her property.. but over all is was needed.
I met with the prosecutor, gave my side of the story, laid out what actions i had already taken, new gate latching system , dog no longer a concern aggressive and liability wise, and I had made a personal visit to the former cat owner (who was NOT cited for allowing the cat to roam free, a city ordinance violation i may have mentioned to the prosecutor) and paid restitution for the vet bill.
The prosecutor saw that I had accepted responsibility, acted accordingly BEFORE be so ordered by the court.. made one additional requirement he felt prudent (have the entire fence "inspected" and submit a report and have the other dog evaluated for aggressiveness and submit findings" once done charges were dropped.

Response by Capt Tom Brown made Jul 26 at 2016 8:00 AM

Capt Tom Brown — Tue, 26 Jul 2016 08:00:09 -0400

This seems to be taking an unusually long time to get dealt with by yr command. It would seem a speedier resolution is in order if everything is 'cut and dried'. If they are going to run you up they should get on with it and not leave you twisting in the breeze, so-to-speak. Good advice from SGM Erik Marquez.

Response by SSG Keith Cashion made Jul 26 at 2016 12:54 PM

SSG Keith Cashion — Tue, 26 Jul 2016 12:54:39 -0400

Great advice from all, but you may want to do a walk into the JAG and see what advice they have in this situation, and best way to handle your end of it. I am by no means taking anything away from the CSM and the CPT's advice, but a JAG set of eyes couldn't hurt.

Response by Cpl Mark McMiller made Jul 26 at 2016 5:47 PM

Cpl Mark McMiller — Tue, 26 Jul 2016 17:47:22 -0400

Were you actually charged with a violation of Article 92 or were you just arrested for a violation of Article 92. If the MP's said you didn't break any rules, maybe you're not going to be charged with anything. If you are worried, you should make an appointment to consult a military lawyer at your base' legal services office.

Response by SGT Private RallyPoint Member made Aug 2 at 2016 11:11 PM

SGT Private RallyPoint Member — Tue, 02 Aug 2016 23:11:46 -0400

Update: case closed turned out they didnt have the necessary paperwork to close out the report at their end. So conjucture from different sources as it moved down the line added the stressors. Thanks for the assistance.