Sergeant is RETAINED After Mr. Gapasin Elicits Admissions From Witness That His Client Never Sells LSD
April 22, 2022, U.S. v. E-5, United States Army, Fort Riley, Kansas. The Government initiates an Administrative Separation Board against the Sergeant for allegations of distributing LSD. The basis for the Separation Board also includes a past DUI along with other alcohol-related incidents which had been the subject of a previous board. In that previous board, the recommendation was for separation, but the separation was suspended for a period of 12 months. Sergeant retains Mr. Gapasin, who recognizes that the distribution charge which allegedly occurs during the period of suspension had to be disproven in order for his client to be retained. Under the applicable regulation, if no misconduct occurs during the period of suspension, then Gapasin's client could not be separated for the DUI. The allegation of distribution is made with 3 months left in the client's period of suspension. Gapasin presents significant evidence disproving these false allegations that his client sold drugs. Gapasin even reaches out directly to the person whom CID claims the client sold LSD to. Gapasin intentionally elicits key text messages from this alleged buyer who admits that Gapasin's client never sells him LSD. Gapasin texts: "You didn't tell CID that [Gapasin's client] sold you drugs correct?" Alleged buyer: "I agreed with [third party's] story after being coerced then in my memo to the COL I told them I didn't do it". Gapasin: "Understood, but [Gapasin's client] never sold you drugs, right?" Alleged buyer: "No". Gapasin: "No he did not sell you drugs? Just trying to clarify, I'm requesting your file currently." Alleged buyer: "No he did not." Gapasin moves to admit these texts to the Board along with other exhibits disproving the allegations. RESULT: RETAINED, with the allegation of Distribution of LSD found UNSUBSTANTIATED.