Over 500+ Successful Court Cases & Counting: See Reviews ➔
500+ Successful Court Cases & Counting: See Reviews ➔
athor image
May 2023
Tim Bilecki

Prosecution Piles 16 Charges Against Marine, Bilecki Acts Undaunted

Rape, Kidnapping (x2), Domestic Violence (x13), Indecent Recording, Extramarital Sexual Conduct
Camp Foster, Okinawa
Marine Corps Gunnery Sergeant – E 7
Mixed findings, time served plus 179 days confinement.

When a Marine Gunnery Sergeant approached us, facing one charge of rape, 2 charges of kidnapping and 13 charges of domestic violence along with indecent recording and extramarital sexual conduct to boot, we knew we had a fight on our hands. Now, most military court martial defense attorneys would see charges like this and run. Bilecki, on the other hand, has been doing this far too long to believe all those charges were legit.

He knew that military prosecutors like to pile on the charges with flimsy evidence to get the accused to plead out. That gives the prosecution an easy win, even though most of those charges were bullshit just meant to intimidate. Bilecki stepped up to the plate and called the prosecution’s bluff. He took on the Gunnery Sergeant as a client and, well, the results speak for themselves.

This Gunny was a seasoned vet, and the charges stacked up against him just didn’t match the history. Bilecki’s first move was to secure his release from pretrial confinement, which set a positive tone for the upcoming legal battle. Next up was a three-week trial, which, if Bilecki had not done his homework, would have turned out quite differently. Unfortunately for the prosecution, Bilecki always puts in the work.

The crux of the case hinged on a complicated and intricate relationship dynamic. Throw in a disputed incident involving a high-speed drive and inconsistencies in the accuser’s account of such events, and Bilecki knew there was a case to be had.  Nothing was adding up and it was clear the accuser’s testimony could not be counted as reliable, and it was clear that the prosecution knew this, but they just didn’t care.

A major break came when a relationship between the accuser and a military First Sergeant was revealed. By reviewing their partial text exchanges, it uncovered inconsistencies in the accuser’s narrative which significantly bolstered the client’s defense.

Next came the allegation of a threat with a knife. Bilecki poured over the evidence, and through meticulous cross-examination, it became clear the knife was planted, which further weakened the prosecution’s case.  

Bilecki then turned his attention to the government’s expert witnesses in strangulation, DNA analysis and sexual assault forensic examinations. He was able to probe deep into their methodologies and conclusions which was able to influence the ultimate outcome of the trial.

Essentially, Bilecki ceded nothing to the prosecution and stood there to oppose them at every turn. Every step along the way was painstakingly dissected to route the trial to the best possible outcome for the client. Initially, the prosecution was offering a plea agreement with a sentence of 8 to 12 years in prison. The outcome once Bilecki got involved was time served plus 179 days.

The Gunny involved did make some poor decisions, but he was still entitled to an adequate defense. What the prosecution was trying to throw down upon him was excessive, and far too many service members take that kind of abuse from the prosecution and somehow view it as mercy. It’s never mercy, and your only choice is to fight back.

Do not accept what the prosecution is trying to sell you without talking to competent military court martial defense attorneys. If you are facing an investigation or court martial, reach out to Bilecki for a free defense strategy session. If you don’t fight back, the military justice system will destroy you. This is true even if, like Gunny, you made some poor choices but don’t deserve to spend the next decade of your life in prison.

Defending Service Members Globally

Wherever Duty Calls, Our Defense Follows

More Cases Like this

Air Force

Joint Base Pearl Harbor - Hickam, Hawaii

Sexual Assault

Navy

Whidbey Island, Washington

Violation of Article 120c of the UCMJ

Army

Grafenwoehr, Germany

Sexual Assault

0 +

Years of Experience

0 +

Court Martial Verdicts

0 +

Service Members Represented

0 m+

Miles Traveled