Case Results

Reduced Charge of Manslaughter

SHOOTING DEATH OF BEST FRIEND

Military Defense

Navy sailor was convicted of voluntary manslaughter by local authorities for the shooting death of his best friend. After he completed serving his state sentence, the Navy charged him with murder and obstruction of justice, at which time he retained our firm to represent him in the General Court-Martial. Factually, our client and the decedent were handling several firearms. Although alcohol was involved, the shooting occurred when the decedent asked our client (who was playing a video came) to look at a pistol the decedent was holding. Our client reached over to grab the pistol with one hand, while still playing the video game with the other had. After being told by the decedent that the gun was not on safe, out client attempted with his one hand to put the gun in a safe mode, instead discharging the weapon, striking this best friend below the eye, resulting in his immediate death. Our client panicked and called 911, saying his best friend just shot himself, and placed the pistol in the decedent’s hand. The Navy prosecution aggressive processed the case in an effort to secure a murder conviction, despite our offer to plead our client to what he was guilty of, voluntary manslaughter and obstruction of justice, as a result of his reckless handling of the firearm. Unable to secure a pretrial agreement for the reduced charge of manslaughter, we took the case to trial. Without putting our client on the witness stand, we secured an acquittal of the murder charge, with a finding of guilty to the lessor offense of manslaughter which we plead our client guilty to before the contested charge of murder started.

Honorable Discharge at Current Paygrade

Officer Misconduct

Military Defense

Navy Captain (0-6) was a squadron commander. During a Preliminary Investigation on allegations of sexual harassment of an E-4, our client provided some false responses to the investigating officer as to what occurred during the incident at a restaurant/bar. After being advised there was a security video of the interaction, and being advised of his Art. 31b rights for false official statement, our client provided accurate answers to the questions. After the interview, our client reportedly requested the IO not to include some of his comments in the report. Our client was detached for cause and taken to Admiral’s Mast for 4 specifications of false official statement as well as conduct unbecoming an officer for endeavoring to impede an investigation. At the administrative separation proceedings (Show Cause Board of Inquiry) our client faced a forced retirement with an Other than Honorable Discharge, as well as a reduction to a reduced paygrade which would result in a significant decrease of retirement income. By a vote of 3-0, the Board recommended our client retire with an Honorable Discharge in his current paygrade of 0-6.

CRIMINAL PROSECUTION AVOIDED

Naval Officer Accused of Sexual Assault

Military Defense

A Naval officer was charged with sexual assault of a dependent wife. After the Art. 32 Investigation during which we established significant issues as to the credibility of the complainant, the case was sent to Captain’s Mast on board a Naval ship, at which time the officer was found guilty and reprimanded. Subsequent to the Captain’s Mast, we were able to secure the SETTING ASIDE of the Mast, as well as the termination of administrative separation proceedings. We thereafter assisted our client is securing his promotion which had been held in abeyance due to the charges and our client has been promoted once again.

CHARGES REDUCED

Coast Guard E-3 Accused of Attempted Rape

Military Defense

Coast Guard E-3 was charged with attempted rape and indecent assault upon a female crew member after he was found in the female’s rack on the ship. Both the alleged victim and our client were intoxicated, however our client later gave a very damaging statement to the investigator. Before the Art. 32, we were able to negotiate a pre-trial agreement which provided for dismissal of the attempted rape charge and a plea of guilty to a lessor offense on the sexual assault charge – that plea would eliminate the requirement of our client to register as a sexual offender. The deal provided for the government to suspend any confinement in excess of one year. At trial, after the military judge accepted our client’s plea to the lessor charge, the prosecution asked the judge to sentence our client to 18 months of confinement and a Bad Conduct Discharge. Despite the prosecution’s argument, we secured a sentence of only 30 days of confinement and reduction to E-1 – the judge did not discharge our client.

ACQUITTED

Aggravated Sexual Assault Charge

Military Defense

Marine E-4 who was married had a junior Marine who was under the age of 21 at his on base housing where they consumed alcohol. They then went to a strip club off base and returned to his house. The female alleged that when she woke up on his couch early the next morning, that he was on top of her and sexually penetrating her. The next morning, she advised another Marine that she had been sexually assaulted while she was intoxicated and asleep. Our client appeared before a General Court-Martial for charges of fraternization, adultery, providing alcohol to a person under the minimum drinking age and aggravated sexual assault. We plead our client guilty to the adultery and providing alcohol to the complainant, and took the fraternization and aggravated sexual assault charges to a jury with enlisted membership. The jury returned a verdict of NOT GUILTY of the fraternization and sexual assault charge.

RECKLESS DRIVING CHARGE DISMISSED

Attorney Robert Canoy represented a junior military member in Virginia Beach General District Court who was facing a 30 MPH+ over the speed limit reckless driving charge (a class 1 misdemeanor offense) and a traffic citation for driving an unlicensed vehicle. Due to the speed, location, and client’s prior driving record, the client faced a high likelihood of jail time and a permanent criminal record. Understanding the challenges involved in this case, Mr. Canoy worked with the client to do extensive pre-trial preparations to defend the case which ultimately paid off resulting in the Court dismissing both charges entirely, avoiding even a resulting traffic infraction.