U.S. vs. E-5. Abusive Husband alleges Assault with Handgun.
U.S. vs. E-5. Abusive Husband alleges Assault with Handgun. Thorough Preparation of Client's Case Reveals Husband's History of Domestic Violence. Solid Pre-Trial Investigation and Cross-Examination of Husband-Victim Results in Full Acquittal of All Charges and Specifications.
Mr. Gapasin's client was charged with assault consummated by battery and aggravated assault with a loaded firearm. Ever since the investigation began, Mr. Gapasin's client maintained that she acted in self-defense against her then-husband, the alleged victim. Both were Non-Commissioned Officers. Through pre-trial investigation, Mr. Gapasin and military counsel, Captain Alyson Mortier, learned that two years earlier in Iraq, the alleged husband-victim threatened his ex-wife (not Mr. Gapasin's client) and another Soldier. This ex-wife was also forced to defend herself against him. Even in that incident, the client's husband avoided trouble by portraying himself as the victim. At trial, Mr. Gapasin cross-examined the husband-victim and a county police officer. Both accused Mr. Gapasin's client of pointing a loaded handgun at her husband. Prosecutors argued that Mr. Gapasin's client was angry at her husband for ignoring her advances that night while she was in sexy lingerie, and for her husband's flirting with other women. After extensive preparation with Mr. Gapasin, the client took the witness stand andtestified why she believed she needed a firearm to defend herself. The defense was also able to explain to the panel why the client re-entered the home with the handgun when she could have run away. The prosecutors failed to prove that Mr. Gapasin's client did not act in self-defense. The officer panel found Mr. Gapasin's client Not Guilty of all charges and specifications.