Other Case Types

U.S. v. E-3, United States Marine Corps

AWOL

Kāne’ohe Bay, Hawaii

Lance Corporal is under investigation for allegedly violating Article 86, UCMJ, for leaving his unit without permission. Over the course of several months, LCpl informs his chain of command that he is suffering from a very serious hip injury that prevents him from carrying out his duties as a Marine. The Marine Corps does not …

U.S. v. E-6

Negligent Homicide, Dereliction of Duty, and False Statement

Our E-6 client was accused of negligent homicide and dereliction of duty when the tank he was leading struck a tree, which killed a trainee.  The E-6 was placed under investigation for 14 months, flagged, and blamed for the death of the trainee, which was a tragic accident. The E-6 hired the Capovilla & Williams to protect his rights, conduct an independent investigation, and represent him at trial if the Government charged him with …

U.S. v. E-6

Negligent Homicide and Manslaughter

JAX Naval Station

September 2020. In 2018, we were retained to represent an E-6 in the United States Navy. Our client was accused of negligent homicide, manslaughter, obstruction of justice, damage to government property, conspiracy, DUI with bodily harm, and an array of Article 92 violations. The Government alleged that our client was accused of killing a Djiboutian …

US v. E-5

BAH Fraud

Fort Polk, LA

On June 1, 2020, Robert Capovilla helped represent a former 2nd Ranger Battalion member accused of entering a false marriage and referred to a general court martial at Fort Polk, Louisiana. At the start of the case, the client’s unit notified the client that they wanted a General Courts-Martial, 2 years confinement, and a punitive …

US v. E-5

Dereliction of Duty

Fort Campbell, KY

The soldier hired Robert Capovilla after he was accused of being derelict in the performance of his duties while down range in Syria. The case was covered by national media including the Military Times and the Army Times. In short, the SGT was accused of contributing to the death of one of his Soldiers who …

United States Army Reserves

Elkhart, Indiana

E-5 client hires Robert Capovilla when her command informs her that they intend to separate her from the United States Army for failure to appear to duty. E-5 adamantly states that she is innocent of all charges. Mr. Capovilla collects a series of emails from the E-5, which show that she was in fact at …

US v. WO1

Voucher Fraud

Fort Bragg, North Carolina

WO1 is accused of committing fraud against the United States Government and is told that he is likely facing a General Courts-Martial. WO1 hires Robert Capovilla to assist him during the course of the investigation and to ensure that his rights are protected. After a thorough investigation by CID and the DoD, Mr. Capovilla convinces …

Naval Reserve Officers Training Corps (NROTC) Disenrollment

Order Violations

Florida A&M University

Midshipman joined the NROTC program with the hopes of becoming a Marine Officer. Marine excelled in school and exceeded all Naval physical requirements. Eventually, however, Midshipman suffers an injury that requires him to take a break from the program. During the break, Midshipman becomes depressed and begins to seek mental health treatment. The treatment fails …

U.S. v. E-5, United States Marine Corps

False Official Statement

Marine Corps Recruiting Depot, San Diego, California

Marine Sergeant is accused of conspiracy, effecting unlawful enlistment, misprision of a serious offense, making false statements and other offenses. The case is preferred and then referred to a Special Court-Martial and Sergeant retains Mr. Nathan Freeburg to fight on his behalf. Shortly after Mr. Nathan Freeburg files its Notice of Representation, the client’s command …

U.S. v. E-6, United States Navy

False Official Statement

Norfolk Naval Station, Norfolk, Virginia

The Government accuses Navy Sailor, a CS1 (E-6) with 11 years of service, of creating a hostile work environment and making a false official statement under Article 107, UCMJ. Sailor is sent to non-judicial punishment. Client consults with Nathan Freeburg and subsequently turns down non-judicial punishment and demands trial by court-martial. Predictably, the client’s command …

U.S. v. O-1

Fraternization, Conduct Unbecoming, and Stolen Valor

Randolph Air Force Base, Texas

Second Lieutenant in Flight School is accused of conduct unbecoming an officer, indecent language, fraternization, stolen valor, and various ethical violations under the Code of Federal Regulations. 2Lt is alleged to have numerous YouTube videos where he could be viewed wearing his Air Force uniform, a patch he was not entitled to wear, drinking alcohol …

U.S. v. E-6

APFT Failure

Fort Benning Georgia

Government initiates a separation board against a Staff Sergeant after 12 years of service. Government seeks to separate this NCO for failing the APFT on two consecutive occasions. At the time of the APFT failures, Staff Sergeant is suffering from significant knee pain that inhibited his ability to perform well during the test. Wanting to …

U.S. v. E-4

Dereliction of Duty

Fort Benning, Georgia

Specialist is charged with dereliction of duty in an Article 15 proceeding. Approximately one week before the first reading, a Soldier on the Specialist’s team is discovered to have an ammunition round in his possession after a range. The command wants to blame the Specialist for the unaccounted-for round alleging that the Specialist failed to …

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