Charges against Col. Jeffrey Pounding dismissed
You might remember that we discussed Colonel Jeffrey Pounding last November when he was looking at a court martial for intentionally exposing a woman to AIDS, adultery and conduct unbecoming an officer. Well, the Army has decided that they’re going to drop the charges against him, according to the Army Times;
[Major General Jeffrey Buchanan, commander of the Military District of Washington] decided to dismiss the charges because of newly discovered evidence in the case and changes to military law based on a recent appellate opinion, Aberle said.
Aberle did not specify the nature or contents of the newly discovered evidence.
“The additional evidence that was discovered is of a sensitive nature and will not be disclosed in order to protect both parties,” she said.
The recent appellate opinion, released Feb. 23 by the Court of Appeals for the Armed Forces, was for U.S. vs. Gutierrez, a case with similar charges.
Here’s the decision US vs. Gutierrez (.pdf download), which seems to have turned on the term “likely” in regards to the transmission of the disease. It has nothing to do with the conduct or adultery charges, so I guess they were just hoping to get him on the assault charge. But, anyway, Pounding is getting away with conduct unbecoming an officer.
Category: Big Army
So back to “it depends on what the meaning of the word “is”, is….” or likely for that matter.
Oh and he’ll likely get promoted to BG shortly.
You know what they say…..”Fuck Up, move Up.”
No way the Army wastes one of the tiny few BG allotments for this turdle. Wonder if 0-6 Pounding will be subjected to a grade determination board…
So what you’re saying is, another senior officer isn’t going to take a Pounding in Leavenworth?
Yup, Colonel Pounding won’t be getting a major pounding or even a minor pounding. 😉
The CAAF left MG Buchannan little choice regarding dismissing the assault charge. But I would love to know what this “new evidence” is, as well as the rationale for dropping the adultery and conduct unbecoming charges. Those seem rather cut-and-dried.
A certain field grade officer has pictures of MG Buchannan taking a Pounding on an overseas trip?
Likely there was something discovered that impacted the lead witness’s desire to testify. Without the victim the adultery and Conduct case becomes a loser.
That’s the most likely scenario I can come up with also, L4C. Perhaps the defense dug up some dirt and “politely” let the prosecution know about it (or perhaps the prospective witness herself). Or, possibly, the prosecution’s investigators might have discovered something that undercut the witness’ testimony.
Either way, looks like the guy’s going to walk – legally speaking. Hopefully whoever has UCMJ authority over him will do the right thing here and start the admin separation board process. I believe that the Cdr, MDW, can do that if he so desires as area GCMCA.
I would hope so, but I don’t know where the MDW CDRs authority ends with regards to an NG officer. We unfortunately have the all to recent case of the dirt bag at Pre-Ranger who was just sent back to Guard HQ.
That’s it! They found pictures of 1SG Moersk, the SHARP Poster-child getting her freak on and that’s why they had to drop the charges.
Heaven forbid 1SG SHARP gets exposed after she got an ARCOM and all. badum-tish!
…It’s possible ‘new evidence’ can be translated as “somebody came down from DC and suggested we not stigmatize someone with AIDS”….
Mike
Perhaps did not want to deprive current spouse and or children of benefits?
Benefits lost by member are lost by family as well.
I don’t know!
Different spanks for different ranks.
Its a way of life.
Word on the street is there were issues with the accuser’s testimony/statements/credibility.
Tag chaser, groupies, stalker, etc
If I found out somebody had knowingly exposed me to HIV, they wouldn’t be arresting him — they’d be taking him into protective custody, because I would make every effort I could to see that he died before I did. Violently.
They would be burying him.
You should also file this under “shitbags”.
That is what this loser is.
Meanwhile CPT Golsteyn still gets railroaded for doing his job… I wonder which high-up muckey-muck COL Pounding has significant amounts of dirt on?
Wonder what the outcome would have been had it been SSG Jeffrey Pounding?
Color me, cynical…
Sergant Pounding would now be Private Pounding and getting a Major pounding in Leavenworth.
Not necessarily the case anymore. Jonn cited this case: http://www.militarytimes.com/story/military/crime/2015/02/23/court-tosses-one-conviction-against-airmen-david-gutierrez-hiv-case/23913645/
From the February article: “The highest U.S. military court’s reversal of a Kansas airman’s aggravated assault conviction for exposing multiple sex partners to HIV at swinger parties in Wichita will effectively end such prosecutions in the armed forces, his attorney said.”
Colonel Pounding deserves a pounding. Shitbag.
His prospects for BG are now slim…Unless he comes out gay & declares he “did it all for the nookie”.
Only way he makes BG is if his State brings him home to be the A-TAG. I don’t see the Army giving him a star at this point. But he will get his full retirement and probably a hefty disability check on top of that since his discharge will apparently still be ‘Honorable’. Perhaps during his next assignment on the HQDA staff he’ll be convinced to leave sooner rather than later. Lord knows there’s a significant number of outstanding LTCs waiting on a control grade to be freed up.
The SECARMY grade determination board can retire him at a lower grade. God knows we have witnessed folks reduced for less.
Gives new meaning to “Policing your BRASS”.
He is in violation of conduct becoming a human being let alone and occifer.
WTF!
Why is anyone with a blood born disease still in uniform?
Ask the rainbow lobby to explain that one. I can’t.
The regs say he can stay in as long as the High-5 doesn’t go full blown AIDS. And he gets checked every 6 months to confirm it hasn’t.
Pretty boy is also restricted to Stateside only duty.
I predict victim was a tab chaser or wife was willing to say they had an open relationship or were on a break.
We should stop referring to the organization as a “military” as start calling it what it’s become: A uniformed federal employment opportunity.
Man, he must give one hell of a blow job!
So, as most of you know, I am a wee bit SLOW these days!
Questions:
1. So was he HIV POS and ordered NOT to have unprotected sex and did (mil does that as matter of policy once known)?
Or
2. Did he have unprotected sexual relations (or as I call it “IS”) with an infected second party person and in turn endangered a third party?
So confusioning!
PS: 1000 Obama Phone credits for the person who registers “IS” reference. See Hondo for credits.
That would depend on what your definition of “is” is.
Master Chief…I take a stab at it IS= Idiot Sex?
all I can say is…
“Don’t let your dingle-dangle dangle in the dirt, pick up your dingle-dangle and tie it to your shirt!”