Charges filed under 18 USC 113(a)(5) are DISMISSED WITH PREJUDICE (meaning they cannot be filed in the future). NO Federal Conviction, NO Confinement.
November 9, 2016, U.S. v. E-5, United States Army, Fort Leonard Wood, Missouri. An agent (E-5 SGT) with the Criminal Investigations Division (CID) is at Fort Leonard Wood for investigative training when he is charged with assault and battery under 18 United States Code (“USC”) 113(a)(5). According to reports, another female CID agent who was also at Fort Leonard Wood for training claimed the Sergeant physically assaulted her. Any misconduct on the Sergeant's record will completely end his career in law enforcement. Sergeant retains Mr. Gapasin to represent him. Gapasin sees through the accuser's real motives, which are to avoid punishment after his client had previously accused her of cheating on a test. Videotape footage of the accuser showing her using her cell phone to look up answers to cheat is provided to prosecutors. Gapasin and the client turn down Government offers to plead guilty and instead opt to proceed to trial in Magistrate's Court. RESULT: Charges filed under 18 USC 113(a)(5) are DISMISSED WITH PREJUDICE (meaning they cannot be filed in the future). NO Federal Conviction, NO Confinement.