Government finds for Lance Corporal that he was defending himself. Case DISMISSED.
December 9, 2019, U.S. v. E-3, United States Marine Corps, Cherry Point, North Carolina. Lance Corporal is out drinking with friends when a physical alteration ensues. When the dust clears, Lance Corporal had broken the jaw of one of his friends and is subsequently investigated for assault and battery. Lance Corporal retains Mr. Gapasin to represent him. Gapasin relays the issue to the Government, how the friend with the broken jaw had become extremely intoxicated that night and flipped out, yelling and screaming “Kill Me!”. The friend wanted to kill himself, but then the friend turns on Gapasin's client and starts pushing and spitting on him. Suddenly, the friend rushes at Gapasin's client and throws a punch. Gapasin communicates how his client's act of punching his friend was for a twofold purpose, for self-defense and also to neutralize his friend from hurting himself and others. RESULT: Government finds for Lance Corporal that he was defending himself. Case DISMISSED.