Indecent Exposure , Indecent Language, Abuse and Maltreatment

March 2019
Location: Joint Base Pearl Harbor Hickam, Hawaii Rank: Army E-5
Charges: Indecent Exposure , Indecent Language , Abuse and Maltreatment Result: Matter handled at Article 15 instead of Court Martial

An Army Sergeant stationed at JBPHH was investigated after he sent nude images and sexually charged text messages to a female subordinate.  A criminal investigation ensued.  The Soldier learned that he was suspected of a violation of Article 93 (abuse and maltreatment of subordinate), Article 134 (indecent language), and Article 120c (indecent exposure), UCMJ.  The command intended to prefer court martial charges against him.

Attorney Tim Bilecki was retained with the goal of keeping the case out of a court martial.  After speaking with the prosecution team and putting forward the defense that the images and messages were sent to the wrong recipient, a decision was made.  The command adjudicated the matter at an Article 15, as opposed to court martial.

Our office provided matters in defense, extenuation, and mitigation that the Soldier sent the text to the wrong recipient.  While the Soldier was found Guilty at the Article 15, our strategy kept the case from going to a criminal court martial where our client risked a conviction, possible sex offender registration, and confinement.