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500+ Successful Court Cases & Counting: See Reviews ➔
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April 2023
Tim Bilecki

Army SGT Faces Assault Claim After Wall-to-Wall Counseling, Gets Acquittal

Aggravated Assault, Maltreatment of a Subordinate.
Fort Polk – Now Fort Johnson, Louisiana
Army Staff Sergeant – E-5
Full Acquittal – Not Guilty of All Charges and Specifications.

Within military culture, there is a clear and definitive subculture that is fully supported by military leadership though it may technically run afoul of the UCMJ. When commands decide to prosecute, such encouraged actions are as fickle and capricious as one might imagine. In this case, an Army Staff Sergeant engaged in a session of “wall-to-wall counseling” with a young Specialist who well deserved an introduction to this subculture.

Unfortunately for our client, this is one of the times a command decided to pretend they never heard of such matters. They prosecuted our client, and he was on the verge of losing everything. Thankfully, he reached out to Bilecki, and we were able to secure a full acquittal and a major win for the old school.

The case details are that the Specialist showed up late for formation at Fort Polk, Louisiana, smelling of alcohol and embodying the term “shitbird.” He was notorious for disrespecting NCOs, tardiness, fighting and integrity violations. Attempting to instruct the Specialist and maintain military order and discipline, the SSG implemented some corrective training, AKA “getting smoked.”

The Specialist proceeded to act like a complete clown while mocking the SSG and telling him that he could kick his ass. Little did he know that the SSG was more than happy to oblige the young Specialist. The Specialist was also unaware that the SSG was a prior Marine Sergeant and MCMAP black belt instructor.

Our client released the formation and took the Specialist over to a single-head latrine inside the CG room for a “wall-to-wall counseling session.” With the Specialist’s team leader right outside the door, the SSG asked the Specialist, “What’s up…”. However, before he could finish the phrase “with you,” the Specialist came at the SSG with a punch. That’s when he was introduced to the SSG’s hand-to-hand combat capabilities.

The SSG absolutely destroyed the Specialist, and, as you would expect, the Specialist went crying to command for being held to task. That the prosecution and command took up this case is a travesty of justice, but they did. The SSG was charged with aggravated assault and maltreatment of a subordinate.

It was a three-day trial at Fort Polk where we kicked the prosecution’s ass almost as badly as the SSG beat the Specialist. The mixed officer and enlisted panel came back with a resounding NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS. This case serves as a stark reminder to all junior enlisted personnel to think twice before provoking their NCOs into a fight. It’s also a win for the old school, old corps, and every hard-hitting subculture that maintains military order.

Defending Service Members Globally

Wherever Duty Calls, Our Defense Follows

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Army

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Aggravated Assault, Maltreatment of a Subordinate.

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