FULL ACQUITTAL of ALL Charges and Specifications.
June 15, 2015, Marine Corps Base Hawaii, Kaneohe Bay, Hawaii. U.S. v. E-2. Young Marine is accused of disobeying a lawful order, disobeying a superior commissioned officer and obstruction of justice following a skirmish off the highway with an Army Provost Marshal. Marine is given non-judicial punishment with an understanding that his command would separate him from the Marine Corps with an Other Than Honorable (“OTH”) discharge. Marine retains Mr. Gapasin to represent him. Gapasin advises client to turn down the non-judicial punishment and opt for court-martial. Charges are preferred and Gapasin files a Motion to Dismiss all charges and specifications arguing that the charges are unsupported by the evidence. Following argument at the Article 39(a) motions hearing on the first day of the trial, Military Judge grants Gapasin's Motion to Dismiss. RESULT: FULL ACQUITTAL of ALL Charges and Specifications.