Marine Lieutenant’s Strangulation Investigation Ends Without Charges or Adverse Action

Marine Lieutenant’s Strangulation Investigation Ends Without Charges or Adverse Action

July 2024

Okinawa, Japan

Marine First Lieutenant – O-2

Allegations: UCMJ Article 128b Domestic Violence; UCMJ Article 133 Conduct Unbecoming an Officer

Facts

A Marine First Lieutenant in Okinawa was under an active investigation for Article 128b domestic violence on a strangulation theory and Article 133 conduct unbecoming an officer, with the matter routed through the Office of Special Trial Counsel Pacific as a covered offense. Maximum exposure on a referred Article 128b strangulation conviction at court-martial: Dismissal, up to eight years confinement, total forfeitures, federal felony record, and end of commission.

Our client retained Bilecki at the investigation stage, before any preferral.

In July 2024, the defense notified OSTC Pacific of the representation, asserted the client’s rights, revoked prior consent to searches, and requested the charge sheet and discovery. Before OSTC made its disposition decision, Tim Bilecki presented the defense’s challenge to the allegation.

OSTC deferred the case.

Result: OSTC deferred. No charges preferred. No adverse action.

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FAQ

Q: When did Bilecki enter the case?
Our client retained Bilecki while the allegations were under investigation. In July 2024, the defense notified OSTC of the representation, addressed the client's interview and search rights, and requested the charging and investigative materials. Bilecki presented the defense's challenge before the disposition decision.

Q: What happened after OSTC deferred the matter?
No charges were preferred and no adverse action followed. Those are the results in this case; a deferral can leave a command with separate administrative decisions to make.