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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRacist Drill Sergeant who bullied black man to leave neighborhood arrested
This is the difference between the military and police departments....both have racists in their organizations, but in the military if you get caught, then their is swift punishment and not the he has been placed on administrative leave with pay until an investigation response
Edit - and when you arrested by civilian authorities and being held by them, thats considered being AWOL
Link to tweet
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qazplm135
(7,447 posts)he was arrested by civilian police. Having said that, if they hadn't, he'd have faced some sort of consequences in the military for sure.
USAFRetired_Liberal
(4,167 posts)But you are correct on your second point....thats why I think the civilian police decided to act because they knew
ProfessorGAC
(65,168 posts)I thought civilian charges didn't eliminate UCMJ actions.
Normally, the jurisdictions don't overlap, but they seem to in this case.
But, I'm not a lawyer or JAG.
qazplm135
(7,447 posts)is the Army regulation that governs everything JAG (including this area) and it specifically addresses what happens when the military and civilians both have jurisdiction over an offense.
Long story short, if the civilians prosecute, the military generally speaking defers.
In theory, double jeopardy does not apply under the dual sovereign theory, so this is a policy, not a law, and exceptions can happen, but I wouldn't see that being likely here.
ProfessorGAC
(65,168 posts)That's what I thought! The military can prosecute no matter the civilian verdict, but usually won't.
Got it.
qazplm135
(7,447 posts)although I would change usually won't to rarely will.
I can only think of two circumstances where they would:
1. They think the civilian system is only charging to cover up. It's a sham investigation or with a clearly unjust resolution.
2. The civilian system doesn't come to a resolution (hung jury), or does but new evidence comes to light later that changes the evidence. An example of this is one of Timothy Hennis. He had multiple trials ultimately ending in an acquittal. Later his wife's blood was found in a TV I believe, and that new evidence linked him to her murder thanks to the newfangled science of DNA evidence. The military tried and convicted him of the murder based on that evidence.
I never faced this in my time prosecuting or defending, although quite a few times the military took on sexual assaults cases that the civilians investigated and decided to not prosecute.
CrackityJones75
(2,403 posts)When I was in the Navy in the 90s there was plenty looking the other way in regards to racism.
qazplm135
(7,447 posts)Not 1990.
CrackityJones75
(2,403 posts)In 1990 it wasnt 1960. And in 1960 it wasnt 1950...
If you are expecting the military to do the right thing, I wouldnt hold your breath. That said if they do apply the UCMJ he will get busted down. Whether or not it sticks... Who knows. This is assault and possibly battery. Thats what the charge will be. The military is chock full of people that have this on their record and after a time they still advance.
qazplm135
(7,447 posts)No he's likely not going to get "busted down."
That would require a grade determination review board since I believe he is an E7.
If he is an E6 then he could be reduced one rank through an Article 15 hearing but he can turn that down so the most likely path is a General Officer Memorandum of Reprimand followed by a administrative separation board.
So not only are you making silly nothing changes and "I know people" statements from your singular experience decades ago, but you don't have a handle on what is most likely to happen.
Signed someone who enlisted in 92 AND retired as a JAG LTC in 2020 and is AA.
Trueblue1968
(17,238 posts)PatSeg
(47,586 posts)who commits a crime. That is more of a republican attitude and compared to the rest of the world, our incarceration rates are disgraceful. People can be held accountable without locking them up. Fines, community service, anger management programs, and possibly a brief period behind bars if the assailant shows little or no remorse.
Meanwhile, this man has unwittingly made himself famous and the world knows what a hateful racist he is. Hopefully this will have a profound long term effect on his life and career, one that he will never be able to forget. Our words and actions have consequences. Not all consequences should be a prison term.
Trueblue1968
(17,238 posts)i think that young black person was a kid. this bully deserves the bully block in jail. it's a bad place.
PatSeg
(47,586 posts)but in this country long term prison sentences are excessive, expensive, and rarely rehabilitate anyone. In this instance a ten year prison sentence is out of proportion to the crime. I think justice can be done without always throwing people in prison. It could start with compensating the victim and some form of community service related to the crime. Hopefully his military career will be ended as well. There should be no place for that kind of temperament in the military.
Trueblue1968
(17,238 posts)the light of day. Perhaps if they thought they would be in jail for 40 years, they wouldn't murder, rape, abuse etc.
i just want those people gone. Evil begone.
PatSeg
(47,586 posts)are not an effective deterrent to criminal behavior. These truly rotten people are with us and sadly there are an awful lot of them. We cannot throw them all in prison or make them disappear. Some can be changed and as for the the many who cannot, a civilized society has many means to control them, which is why we have laws. I believe in accountability, but I do not think the answer is always incarceration.
Sadly, the solution has to do with how we raise and educate our children, but obviously it is too late for that in regards to people like the "racist drill sergeant". In oppressive regimes, order and peace are maintained by locking up anyone and everyone who does not comply with the standards the government dictates. In many, they are just executed so as to not waste money and resources. Very efficient if you want to clean things up quickly, even though many innocents will be caught up in the process as collateral damage. But democracy is messy and justice is often slow for a reason.
I completely agree with you in that I would love for such people to be gone as well. I want to live in a world where such evil does not exist, but the system that throws people in prison for long periods of time for behavior like the sergeant's will do the same to basically good people for minor offenses. Our prisons are full of them.
I'm sorry. I am not trying to be argumentative. I just think we need to move into a more civilized society where incarceration is usually the last resort, not the first option. Meanwhile, I am hopeful that his man will get what he deserves.
USALiberal
(10,877 posts)Response to Trueblue1968 (Reply #2)
USALiberal This message was self-deleted by its author.
MagickMuffin
(15,952 posts)and Bully dude gets booted from the military with no rewards.
Elwood P Dowd
(11,443 posts)and possibly get demoted. If I was his CO, it would be a dishonorable discharge and hit the road SOB.
onethatcares
(16,184 posts)and he would face a board of officers who would decide what punishment to mete out.
If arrested and placed in civilian confinement every day he's there is bad time, does not count to his contract, so it's just like being AWOL.
As a morning report clerk I forget the correct terminology, but that was a long time ago. Suffice it to say his name appears on the personnel accountability record everyday.
He'd probably be facing an "Other than Honorable" instead of anything heavier. As far as benefits, he gets none until he serves 20 years or more honorably.
USAFRetired_Liberal
(4,167 posts)Being a former Senior Enlisted myself and having to deal with discipline and punishment, he isnt going to get dishonorable discharged...and you are also correct about him being considered AWOL while in civilian custody....once the military deals with him, I see either an article 15 or an LOR with an Unfavorable Information File, probably loss in rank, forfeiture of pay, removal as drill sergeant....if he isnt at 20 then he is screwed because he isnt going to be able to retire, once his enlistment is up he will not be able the reenlist...I can still see him getting an honorable discharge, but the hurt is that he put all that time in and wont be able to collect the retirement pay
Edit - you are wrong about the board of officers though....it will be just his Commander....unless he doesnt take the article 15 or LOR and decides he wants a court martial, then he will have a board of officers
onethatcares
(16,184 posts)and as life goes on, changes happen.
I think LOR means "Letter of Reprimand". but I'm not sure. An Article 15 is up to his commanding officer. for sure.
I do know that for any disciplinary actions concerning discharge a board of officers is convened or a court martial can be requested or versa visa or visa versa.
but it's been a long, long, long time .
not poking ya or anything, just going back 50 years and trying to remember.
MarineCombatEngineer
(12,429 posts)LOR does mean Letter of Reprimand, which pretty much fucks up his chances of re-enlistment.
USAFRetired_Liberal
(4,167 posts)You memory is great and correct
You are correct that a court martial can be requested in lieu of Article 15
And, yes, you are correct about the board of officers (which we just called the discharge board)...they normally meet after a NJP punishment (for example, lets say someone was busted for drugs and decided to take an Article 15...and the punishment was loss of rank and forfeiture of 3 months pay...since the infraction was drugs, the service member would still have to meet a discharge board to see if he/she could stay in)....I dont think in the drill sergeants case that the infraction would be discharge worthy so he wouldnt meet the discharge board...but he is still screwed and wouldnt be able to reenlist when his contract is up...
Edit - and yes LOR stands for Letter of Reprimand which is the highest form of discipline before an Article 15
Treefrog
(4,170 posts)Usually a felony is part of that.
onethatcares
(16,184 posts)no doubt it would plead down to a misdemeanor.
there goes the Dishonorable out the window.
The blot of civilian confinement on his record just screwed him as it should have.
Treefrog
(4,170 posts)And he did it himself. Perfect. I hope Cassie will still be proud of her manly man.
Voltaire2
(13,155 posts)Like all KKKarens, he seemed to like the attention.
Skittles
(153,193 posts)I think these righteous, racist right wingers feel so entitled, when they are angry at POC it overwhelms their common sense - they cannot help themselves, that's why it happens over and over and over.
Johnny2X2X
(19,114 posts)These racist Trumpsters think theyre the majority and that behavior like this will be applauded.
Skittles
(153,193 posts)that's why they are becoming more and more unhinged and support stealing elections, suppressing the vote, etc.
Voltaire2
(13,155 posts)meanwhile sgt dickhead is a hero to them.
Skittles
(153,193 posts)but they are vastly outnumbered....the fact is, most of us white folk are not afraid of change, and we certainly not afraid of POC
it's like when Trump was fearmongering about the suburbs - fact is, the suburbs have been diversifying for some time now and most people are just fine with it
Voltaire2
(13,155 posts)I think people don't understand what is going on over there, even now, even after all we have been through.
jonstl08
(412 posts)At the very least he is going to lose rank along with a fine by the military. Pretty much he screwed himself.
joetheman
(1,450 posts)Escurumbele
(3,402 posts)Voltaire2
(13,155 posts)what difference does that make?
MarineCombatEngineer
(12,429 posts)Why so confrontational?
It was just a question, nothing more.
You're reading far to much into a simple question.
Voltaire2
(13,155 posts)WTF?
MarineCombatEngineer
(12,429 posts)oasis
(49,407 posts)jonstl08
(412 posts)Fully expect him to play the victim card and say he was protecting his neighborhood thus his actions were justified. No way was he entitled to act like that toward the individual. Military is going to have the final say on this.
Claire Oh Nette
(2,636 posts)I did call the cops, his wife said, with such self satisfaction.
Verbal threats, hands on un provoked assault, on film, viral.
Loss of stripes, time in the brig, dishonorable discharge, and a fat civil law suit. Say good bye to that new house, Tough Guy.
They're so proud of their hatred and so entitled to applause for owning the libs when violating others' rights, they can't help but self incriminate these days.
jonstl08
(412 posts)If he is dishonorably discharged it will come up on every background check when he applies for jobs. I guess he never thought of that.
MarineCombatEngineer
(12,429 posts)a DD, he'll probably get a reduction in rank and pay, possible confinement to base and a letter of reprimand in his jacket, which pretty much fucks him when re-enlistment time comes around.
Claire Oh Nette
(2,636 posts)Loss of rank is public humiliation visible for every one to see.
Costs him money, too.
He'll resent the punishment, claim he's being picked on and singled out, and will likely commit another hate incident, only in uniform, this time.
MarineCombatEngineer
(12,429 posts)He'll also most likely lose his DI status, which will irk him even more because now he can't bully the recruits around.
Treefrog
(4,170 posts)He didnt commit any felony that I can see. But I would imagine his career is kaput.
Hassin Bin Sober
(26,337 posts)jeffreyi
(1,943 posts)Demovictory9
(32,475 posts)LetMyPeopleVote
(145,554 posts)jpak
(41,759 posts)Branded with the sign of shame
Yup
uponit7771
(90,364 posts)CaptainTruth
(6,601 posts)[link:|]
I don't think he's going to be amused.
gratuitous
(82,849 posts)More knowledgeable persons than I noted that the Bully of the Block is a drill instructor, which usually translates to a careerist (I don't know). If that is true, he may very well have opted for involuntary early retirement because of this episode. Too bad, so sad.
MarineCombatEngineer
(12,429 posts)I think this racist DI is screwed.
demtenjeep
(31,997 posts)nice
Niagara
(7,659 posts)Thrill
(19,178 posts)AllaN01Bear
(18,384 posts)someone told me yes . any mil lifer or retired , help appreciated . thanks
USAFRetired_Liberal
(4,167 posts)I was Air Force, but Non Judicial Punishment or Progressive Discipline is probably similar...this is what I see happening....he probably has a Commander who is a 05/Lt Col...thats going to be the person to decide his punishment while being advised by the local JAG....since this is high vis and the 05 can have the decision pulled from him, he is probably going to take JAGs advice....I see either an Article 15 or an LOR, with a loss of rank and forfeiture of pay for a few months, also he will be removed from being a drill sergeant ...he will also have an Unfavorable Information File...all this wont get him a dishonorable discharge, but he will basically be screwed when his enlistment contract is up and wont be able to re-enlist...so if his current contract doesnt get him to 20 year, then he wont be able to retire....he will get out probably with an honorable discharge, but just threw away all those years and wont get the retirement benefits
Edit - I think the captains mast is a similar process to what I laid out where the Commanding Officer, in that case a Captain (Navy 06), hands out the punishment.
SayItLoud
(1,702 posts)Disgusting racist. If he is NOT removed from the Army then when he does this again, and he will, someone might get killed. Then the media will question..."why was he allowed to remain in a position of power?".
LiberalLoner
(9,762 posts)Johnny2X2X
(19,114 posts)Thats what we need right now. No nonsense, just the facts, this was great.
BobTheSubgenius
(11,564 posts)jmowreader
(50,562 posts)The Army now has a new status. Once you hit E-6, which this idiot has, you can enroll in a program where you will stay on active duty to your 20 year mark.