Gapasin, Capovilla & Williams, LLP, handles cases throughout Korea. We frequently travel to be physically available to represent you. We consistently represent service members stationed in Korea and frequently travel to be physically present for your Article 32 Preliminary Hearing, Motions Hearing and Trial, as well as your Separation Board. If you are under investigation or if you have been charged under the Uniform Code of Military Justice, CONTACT US TODAY.
Call 1-888-919-UCMJ (8265) or Info@MilitaryLawyer-Defense.com.
Consider some of the cases we have handled out of Korea:
U.S. v. E-6, Camp Casey, Korea. Staff Sergeant is accused of multiple allegations made by a female Specialist. One of the charged specifications alleged that he committed forcible oral sex in the Specialist’s barracks room when she was too intoxicated to consent. This offense alone carried a maximum punishment of 30 years. The Staff Sergeant’s DNA was obtained from underpants of the Specialist. Mr. Gapasin cross-examines the accuser and reveals multiple inconsistencies in her allegations. He also cross-examines the USACIL lab forensic expert and reveals DNA results that are inconsistent with the accuser’s claim that she was forced to perform oral sex in the shower while too intoxicated to consent. Gapasin elicits testimony that reveals a lack of forensic evidence obtained from the Alternate Light Search (ALS) of the bathroom. Officer Panel acquits client of forcible oral sex. Prosecutors ask for 10 years confinement for remaining offenses. Gapasin argues at sentencing and client receives NO confinement. RESULT: NOT GUILTY to Forcible Oral Sex, NO Confinement.
U.S. v. E-6, Camp Henry, Daegu, South Korea. Staff Sergeant is charged with abusive sexual contact and attempted sexual assault of an intoxicated female Private. Incident started at a dance club in Seoul’s Itaewon district and ended at the Private’s barracks room on the Army’s Yongsan Garrison. Two enlisted witnesses claimed to have seen the Staff Sergeant without his pants on and on top of or hovering above the incapacitated Private in her barracks room while alone. This was after she had vomited upon exiting a cab with the Staff Sergeant as they headed into the barracks. In addition to the two witnesses, barracks CCTV caught a video of the Staff Sergeant leaving her room by himself without his shoes on. Staff Sergeant’s saliva DNA was subsequently found on the inside of the Private’s bra. Charges are preferred against Staff Sergeant. Mr. Gapasin travels to Camp Henry and aggressively cross-examines the two witnesses, revealing a number of questionable inconsistencies and contradictions. Cross-examination of their friendship also brings suspicion, though any motive to fabricate is difficult to discern. Gapasin also reveals through cross-examination that his client’s saliva DNA could have been transferred during consensual sexual behavior between the client and the Private in the taxi cab. Gapasin files a motion under MRE 412 to elicit certain consensual sexual behavior between him and the Private. Following the filing of the motion and after Gapasin’s initial discovery request, Private declines to participate any further in the court-martial. Government moves forward with the two witnesses, but their credibility is somewhat questionable. Because the Government proceeds to trial with the two witnesses, Defense opts to submit a Chapter 10 request for discharge. RESULT: Chapter 10 Request is Approved. NO Federal Conviction, NO Confinement, NO Sex Offender Registration.
U.S. v. E-5, Camp Casey, South Korea. NCO is accused of sexually assaulting a female Soldier and later for committing assault and battery against two other NCOs in the same incident. NCO adamantly denies sexually assaulting this Soldier despite the statement of an adverse witness. Mr. Gapasin represents him during pending investigation and possible General Court-Martial. Mr. Gapasin begins an investigation by contacting several witnesses. Witnesses divulge that the accuser was flirting with Mr. Gapasin’s client the entire night just before the alleged incident. Mr. Gapasin contacts the OSJA regarding the case. Within a month, the case against Gapasin’s client is dropped. RESULT: Charges DISMISSED, NO Federal Conviction, NO Sex Offender Registration.
U.S. v. E-2, Yongsan Garrison, South Korea. A young Private is accused with the stabbing of an alleged victim during a gang fight in Itaewon, just outside of Yongsan Garrison in Seoul, South Korea. Testimony at trial and a video tape reveal that Gapasin’s client did not stab the alleged victim. RESULT: Full Acquittal. NO Federal Conviction, NO Confinement, NO Discharge.
U.S. v. E-3, Camp Humphrey, South Korea. Soldier is accused of assaulting four Korean males and committing false official statement and disrespect of an NCO. Mr. Gapasin defends this Soldier and represents him for non-judicial punishment with a possible court-martial. After discussing with Gapasin, Soldier is prepared to opt for court-martial rather than proceed with non-judicial punishment. Following Gapasin’s involvement in the case, the United States does not move forward. RESULT: Case Dismissed.
Other Notable Cases included:
The representation of a service member allegedly involved in the black market distribution of products in South Korea.
The representation of a service member for allegedly stealing over $60,000 in items from the PX in South Korea over the course of several months.
The representation of a service member for his alleged act of assaulting a South Korean taxi cab driver with a knife.