U.S. v. Air Force E-3 – Cannon AFB, New Mexico – Client stabbed a fellow airman on the flight line with a butterfly knife while launching an AC-130. The knife punctured the arm and the right lung of the victim. It also collapsed the lung. Client’s squadron commander vowed to “hang client out to dry” and then ordered that no one speak with the accused for 7 months. Client’s NCO allegedly ordered the accused to not bring the illegal knife on the flight line. In addition, client allegedly assaulted the victim on a prior occasion with the knife. Client was charged with aggravated assault with the intent to inflict grievous bodily injury, aggravated assault with means likely to produce grievous bodily injury and disobeying an order to not bring the knife to work. We faced numerous eyewitnesses, an alleged videotaped confession and many bloody photographs. Mr. Waddington and Capt Bryan Warnock contested all charges in front of an officer jury.
Result: NOT GUILTY of the first aggravated assault, NOT GUILTY of disobeying an order, NOT GUILTY of aggravated assault with intent to inflict, GUILTY of a lesser charge of assault.
NOTE: The judge gave the client over 210 days of confinement credit because we proved that his command unlawfully and illegally punished him prior to trial.
Sentence: NO DISCHARGE, 156 days in jail (210 of sentence credit – 156 sentence = 54 days of jail owed to client), E-1
BOTTOM LINE: The client walked out of jail a free man with no discharge.

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