U.S. v. Army O-1 – Fort Bragg, NC tried at Fort McNair, Washington, DC

Allegations: Aggravated assault with means likely to produce death or previous bodily injury, assault, conduct unbecoming an officer and a gentleman
Max Punishment: 15+ YEARS IN PRISON, Dismissal
Result: NOT GUILTY OF Assault #1, NOT GUILTY of aggravated assault, convicted of one allegation of misdemeanor assault and battery.
Sentence: NO DISMISSAL, NO JAIL TIME, Reprimand, forfeitures, 45 days restriction
Discharge: NONE
Location/Branch/Rank: Fort Bragg, NC tried at Fort McNair, Washington, DC/Army/2LT

Summary: 

Our client was a medical student with 9 years of active Army service. While in a bitter divorce, his wife accused him of attacking her. He was charged with aggravated assault with means likely to produce death or previous bodily injury, assault, and conduct unbecoming an officer and a gentleman. She claimed that he tried to choke her to death and smashed her head on a hardwood floor.

She took photos of the alleged injuries the next day, went to the emergency room that night, and reportedly told her neighbors, best friend, and mother. In addition to these witnesses, the prosecution brought in a renowned medical doctor and a forensic psychiatrist to bolster their case.

Before the trial, the defense fought the conduct unbecoming charge and it was dismissed.

At trial, Mr. Waddington teamed up with Dan Conway and CPT Patrick Sandys and fought the case in front of an officer jury at Fort McNair.