Conduct Unbecoming

096 US v. Ellis

In my previous work, I used to visit a lot of family courts for restraining order calendars. During a memorable court appearance, the woman seeking a restraining order asked the judge if she could use her phone to play videos the other party posted on his public Instagram. The judge allowed it and eventually hit play. A lengthy diatribe and threatening language to the judge, court, and judicial process filled the air, prompting the bailiff, a retired Marine, to move behind the respondent just in case. As I stared at the back of that man’s head, I wondered what would motivate him to commit a threat to video and then to upload it to Al Gore’s internet for anyone to see. The takeaway is almost certainly, “don’t commit something to video you wouldn’t want played in court.” That is perhaps doubly true in the contentious downfall of a relationship. Unfortunately for Lieutenant Colonel Ellis, this advisement is coming a bit late.

For more information on intimate partner violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.

I relied on the ACCA opinion and briefing as well as the opinion from CAAF.

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Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I’m happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I’m a practicing attorney, I don’t do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

095 US v. Bozicevich

Something specific I like about my current job is that the annual performance review is entirely predictable. We get pretty continuous feedback, so we know where we stand and what that annual review will actually look like. In previous jobs, an annual review was so nerve wracking and I dreaded it every year. Perhaps you suffer from a similar distaste for the process. I can say with confidence that we’re all better adjusted and prepared than Sergeant Bozicevich. His Staff Sergeant attempted to counsel him and, as far as I can tell, it resulted in the only counseling with a 200% mortality rate.

I relied on the ACCA opinion and order from the District Court. I also referenced information from MPR News (1)(2), NBC News, Coastal Courier, and Army.mil.

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094 US v. Bass

I know you’ve all heard that the definition of insanity is doing the same thing over and over again and expecting different results. For me, that might look like having five separate knitting projects going at any given time, expecting that they’ll get finished in a timely manner. Spoiler: they do not, have not, and probably never will. For Gunnery Sergeant Bass, the repeated behavior was or could have been eating whatever gummies his wife handed to him, even after repeatedly failing urinalysis tests.

I relied on an NMCCA opinion, CAAF opinion, and record of trial. I also referenced information from the Federal News Network and Army.mil.

This episode discussed substance use. If you, or someone you know is struggling with substance use, the SAMHSA National Helpline can be reached at 1-800-662-HELP and their treatment locator is available online.

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093 US v. Aguigui

There’s a camaraderie that comes with being able to turn to a colleague with wide eyes that ask, “Did that really just happen?” The trauma bonds forged in the intense heat of a dumpster fire are fierce. Despite any dysfunction, I’ve not taken to actively working on dismantling my employer. I tried to improve things until the very end before admitting defeat and moving on.

But what happens when the group that’s so angry about their employer are armed trained soldiers? What happens when they gather with plans to assassinate their commander in chief? At Fort Stewart, Private Aguigui, the ringleader of an armed militia, scurried about on base, collecting like-minded soldiers and fomenting discord. Ultimately, his violent fantasies culminated in the murder of his wife and unborn child. Well. Kind of. Arguably, a double homicide he orchestrated was the actual culmination, and the murder of his wife and unborn son was a mere stop along the way.

I relied on an ACCA opinion, case updates (1)(2), and PACER. I also referenced information from KATU, Courthouse News, Komo News, KUOW, the Southern Poverty Law Center, Jacksonville.com, the BBC, Bloomberg, a comprehensive article in the New Yorker, Savannah Now, the Guardian, and Army Times.

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092 US v. Washington

If you asked me to guess which of the services would have to solicit testimony about whether or not drinking in the style of a fraternity is a part of the culture of the branch, I wouldn’t guess it was the Air Force. I would guess that it was the branch that was literally founded in a tavern while hopped up on frustration with tea tariffs. Instead of General Washington leading troops to win American independence, the branch he couldn’t have dreamed of gave rise to a Lieutenant Washington, who has spent the better part of a decade bouncing around between the Air Force Court of Criminal Appeals and the Court of Appeals for the Armed Forces.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option.

I relied on two AFCCA opinions (1)(2) and an order they issued, the CAAF opinion, and briefing (1)(2).

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091 SC v. Scott

In honor of Father’s Day, this seems like the appropriate time to delve into the case of a young man that returned just in time for Father’s Day to visit the man that raised him as his own. But instead of grilling out and sharing presents, former Marine Alex Scott walked into his grandfather’s home and discovered him slain. As it turned out, however, Scott was the only one with something to gain from his grandfather’s murder.

I relied on articles from Law and Crime, Herald Online, NBC, Stripes, Yahoo, QC News, and WCNC.

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090 US v. Jefferson

Today’s case had all the potential in the world to fall prey to the bystander effect. A barracks dorm is, afterall, a building full of potential witnesses who might assume someone else is taking care of the problem. But perhaps there is a difference between sailors in a volunteer force and residents in an apartment building, and perhaps one group is more motivated to act, more motivated to intervene. In January 2023, when sailors heard blood curdling screams in the barracks, they called 911. Unfortunately, it doesn’t seem like summoning emergency services was enough to prevent a violent and prolonged sexual assault.

I relied on articles from KWTX (1)(2), Freestone County Times, Yahoo, 10 news, Law and Crime, and Crime Online.

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089 US v. Benton

While living in Tennessee, I set up a horseback riding lesson and just as we returned from our ride, a single gunshot rang out. It was startling for riders and horses alike, and the ranch owner took off on horseback toward the gunshot, yelling about hunters on the way. I don’t know what direction the gunman was shooting in, I don’t know if they were aiming at movement for an animal or fellow rider, or if they fired a warning shot up in the air. But I did take entirely too many physics classes and I know that if that bullet went up, it was still coming back down at a lethal velocity.

Following a domestic dispute, Chief Aviation Maintenance Administrationman Benton ignored the laws of physics and popped off a round in her neighborhood.

I relied on the NMCCA opinion and the record of trial.

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088 US v. Woods

I think I’ve mentioned before that on base housing is a bit of a trip. It’s not an environment in which I thrive. As someone who is perhaps overly critical of the details, I can find a lot of things to complain about. So, to balance my hot take on on-base living, I would like to offer some observations of what people do really well: when the plague hit, we had no grocery delivery services. We took it upon ourselves to care for our neighbors and to make sure that they had the supplies they needed. When we needed a dog sitter we could trust, our upstairs neighbor helped us with the best solution for us and for their teenager that missed having their own pup. And, if you screamed bloody murder because one of the banana spiders infiltrated your home and you walked into a web face first, someone would come running.

Maybe people on base are a little nosier or just a little more comfortable getting involved. Whatever motivated the on-base community to contact Chief Petty Officer Woods’s chain of command, doing so may have saved his wife’s life.

I relied on the CGCCA opinion and the Military Rules of Evidence.

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087 US v. Charlie Company

I don’t have a relevant life story that can transition us into the introduction of the facts of this case. The bald truth is that I’m sharing this case because I fear that history may repeat itself. While the Army learned valuable lesson–like the need for operational lawyers to advise commands–from the My Lai massacre, it did so reluctantly, slowly, and without public support.

I referenced an opinion from the CMA, as well as information from CharlieCompany.org, War History Online, NPR, the Guardian, International Crimes Database, Pulitzer, the University of Virginia, Britannica, Army History, and PBS.

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