Special Forces Officer Found NOT GUILTY of Multiple Specifications and NOT Dismissed From the Military.
November 18, 2021, U.S. v. O-4, United States Army, Fort Bragg, North Carolina. Special Forces Major (O-4) with over 19 years of Active Duty service is charged with multiple specifications under the UCMJ, to include 2 specifications of communicating a threat, 4 specifications of assault and battery with one specification charging the Major with a means likely to produce death or grievous bodily harm by strangulation, and with one specification including assault and battery on a minor, 5 specifications of conduct unbecoming an officer, and also adultery, fraternization specifications, animal abuse and endangering the mental health of a child under the age of 16. Special Forces Major retains Mr. Gapasin. Gapasin aggressively cross-examines his client's accusers, which includes his ex-wife and his two estranged 19 and 20-year-old children. At trial, Gapasin reveals the Government witnesses' lack of credibility, exposing how the ex-wife only reported her allegations after Gapasin's client filed for divorce, which the client had filed for thereby denying her opportunities for any of retirement. Gapasin also elicited her real motive to fabricate during cross-examination. Testimony revealed how the ex-wife failed to obtain any monetary support for the divorce and how their biased daughter felt it was "unfair' that her mom was coming out of the divorce with "nothing." The testimony revealed that the daughter was biased in favor of her mother. Gapasin emphasized how all of her allegations were rooted in jealousy over his client's relationship, jealousy over his money, and jealousy over his 7000 sqft house. RESULT: Officer Panel finds Client Not Guilty of 12 out of 17 specifications. Though sentenced to some minor confinement, O-4 is NOT Dismissed, thereby preserving all Retirement benefits after the trial.