Posted on Jan 25, 2015
Felony animal abuse by a Soldier; how would you deal with this as a leader?
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I've just read an article in Stars & Stripes about a couple at Ft. Bragg who've been charged with felony animal abuse.
Here's the link to the story: http://www.stripes.com/news/army/fayetteville-couple-charged-with-animal-cruelty-in-puppy-s-drowning-1.325457
I find this very disturbing to read about, the soldier and his wife both lied to the police about what happened to their dog, several times even. What they did to they dog is disturbing.
As a leader, how would anyone deal with this, if you found out this was your soldier? You obviously can't (I don't believe) recommend him for UCMJ charges, due to double jeopardy. Surely though, we would want to put something on the record, am I right? The soldier has to go to civil court and handle this issue. I read this article late last night and it stuck with me, thought I'd reach out to the community and see what they have to say. Thanks for your responses.
Here's the link to the story: http://www.stripes.com/news/army/fayetteville-couple-charged-with-animal-cruelty-in-puppy-s-drowning-1.325457
I find this very disturbing to read about, the soldier and his wife both lied to the police about what happened to their dog, several times even. What they did to they dog is disturbing.
As a leader, how would anyone deal with this, if you found out this was your soldier? You obviously can't (I don't believe) recommend him for UCMJ charges, due to double jeopardy. Surely though, we would want to put something on the record, am I right? The soldier has to go to civil court and handle this issue. I read this article late last night and it stuck with me, thought I'd reach out to the community and see what they have to say. Thanks for your responses.
UCMJ
Leadership
Leadership Development
Posted 11 y ago
Responses: 5
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UCMJ and local legal charges are always tricky to navigate, but very doable.
And of course there is always admin action like GO Memo of Reprimand, etc. not to mention a Flag, and if necessary, Bar to Reenlist.
From what I've seen as a battalion commander, you can charge some things under the UCMJ, and others under civilian law, but it is best to wait for the civil to be processed first before processing.
Of course we, as military leader, would have a responsibility to ensure anyone under investigation for such an act get mental, etc help necessary, and would need to assign them to duties equal to their status of under investigation.
And of course there is always admin action like GO Memo of Reprimand, etc. not to mention a Flag, and if necessary, Bar to Reenlist.
From what I've seen as a battalion commander, you can charge some things under the UCMJ, and others under civilian law, but it is best to wait for the civil to be processed first before processing.
Of course we, as military leader, would have a responsibility to ensure anyone under investigation for such an act get mental, etc help necessary, and would need to assign them to duties equal to their status of under investigation.
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SFC (Join to see)
Sir, I do not claim to be an expert. When you say admin actions, what types of things are you referring to?
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You know, as a dog lover, I am one of those people that just has that gut urge to think...well...just break his femur, tie his hand and feet to his head and throw him in the lake and see how it goes.
Realistically, LOR or NJP and close supervisor pending civilian outcome.
Realistically, LOR or NJP and close supervisor pending civilian outcome.
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SFC (Join to see)
As an MP, I'm certainly aware of what soldiers are capable of doing to each other and spouses/dependents, etc. I am also a fan of animals, I mean c'mon Military Working Dogs are awesome!!!
I am for sure in the grievous bodily harm division for anyone who commits a crime such as this. The dude, tied the dog's feet together and then tied his nose to his feet, didn't stand a chance when he threw him into a pond. I say for corrective training, make him live in an animal shelter for a hot minute! Sound good TSgt Joshua Copeland??
I am for sure in the grievous bodily harm division for anyone who commits a crime such as this. The dude, tied the dog's feet together and then tied his nose to his feet, didn't stand a chance when he threw him into a pond. I say for corrective training, make him live in an animal shelter for a hot minute! Sound good TSgt Joshua Copeland??
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TSgt Joshua Copeland
SFC (Join to see), an animal shelter might be too night of digs... maybe a stay over at Michael Vicks place.
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Since it is being handled by the civilian authorities I as leader would ensure that the he abides by the conditions of his bail and he makes all necessary court appearances. I would also look into possibly assisting him with mental health as there may be an underlying issue that no one knows about.
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SSG (Join to see)
Firstly, double jeopardy doesn't apply (assuming you're not national guard). There are civilian charges in state court and the member could (commander and military prosecutor willing) be charged under UCMJ Art. 134. Because military courts are federal jurisdiction there is no double jeopardy. That being said, the commander then has every tool at his disposal he normally would from admin actions to general courts-martial.
This is not legal advice, but the understanding of an army paralegal and law school grad studying for the bar exam. This is not to be taken as legal advice.
This is not legal advice, but the understanding of an army paralegal and law school grad studying for the bar exam. This is not to be taken as legal advice.
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Its going to come down to administrative action, until and when an actionable event occurs that can be handled by UCMJ.
Id doubt this is a first transgression. So what else is out there, already happened, needs to be observed in the future.
For now...
Commanders inquiry.
Mental Health assessment.
Bar to reenlistment
Suspense of favorable actions until the civilian case is settled.
Initiate Admin sep under Ar 635-200, chap 14-2 or -3
http://www.apd.army.mil/pdffiles/r635_200.pdf
Id doubt this is a first transgression. So what else is out there, already happened, needs to be observed in the future.
For now...
Commanders inquiry.
Mental Health assessment.
Bar to reenlistment
Suspense of favorable actions until the civilian case is settled.
Initiate Admin sep under Ar 635-200, chap 14-2 or -3
http://www.apd.army.mil/pdffiles/r635_200.pdf
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Id give him dysentary, and then Id tell him how I gave him dysentary. I dont know, maybe thats why I wasnt so eager to enlist in any part of the government because Theres clearly something wrong with that suggestion but Id bet hed never do it again.
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