COMPLETE DISMISSAL of Forcible Rape Charge and other related charges, NO Sex Offender Registration, NO Federal Conviction, NO Confinement.
October 20, 2016, U.S. v. E-5, United States Air Force, Mountainhome AFB, Idaho. Staff Sergeant in the Air Force is charged with forcible rape and sodomy, abusive sexual contact and indecent viewing and visual recording following trip to a casino in Jackpot, Nevada. He and a fellow Airman are accused of these charges by a civilian female whom they met while at the casino. Staff Sergeant faces life confinement and registration as a sex offender. He retains Mr. Gapasin to represent him. Gapasin represents client at the Article 32 Preliminary Hearing and aggressively cross-examines key witnesses. Witnesses with the alleged victim at the casino reveal her lack of credibility and inconsistent testimony. Gapasin hones in on her provocative behavior caught on tape from casino floor cameras and he reveals her illicit drug use on that same night through the cross-examination of a key witness. Gapasin also attacks questionable DNA evidence collected in the hotel room by the local County Sheriff. Preliminary Hearing Officer recommends complete dismissal of the forcible rape and sodomy charges. Government proceeds to refer charges for abusive sexual contact and indecent viewing and visual recording under Article 120c due to forensic evidence obtained from client's cell phone. Gapasin focuses defense at avoiding sex offender registration for his client. Following Gapasin's efforts to avoid registration and potential confinement, Government agrees to a negotiated plea resulting in Article 15 punishment and waiver of a separation board. RESULT: COMPLETE DISMISSAL of Forcible Rape Charge and other related charges, NO Sex Offender Registration, NO Federal Conviction, NO Confinement.