USCG — UCMJ Proceedings

[BuoyJumper]

Plea deal skipped in Coast Guard crash
Boat driver’s defense didn’t pursue prosecution’s
e-mail offer of year or less behind bars
By Jeanette Steele

Thursday, October 14, 2010 at 8:29 p.m.

The Coast Guardsman piloting the boat that killed 8-year-old Anthony DeWeese might have served a year or less in prison if his lawyers had pursued a plea deal dangled by the prosecution.

An Oct. 4 e-mail from the Coast Guard prosecutor to defense attorneys for Petty Officer 3rd Class Paul Ramos said he would support a deal that would send the boat driver to a special court-martial, meaning a one-year sentence at most, and protection from a bad-conduct discharge.

The e-mail also suggested that Ramos might get out earlier if the 21-year-old Coast Guardsmen accepted responsibility for the deadly Dec. 20 collision.

“I think most objective folks would agree that Ramos will have to do some time — this case really comes down to how much. At a special, I’d expect one year adjudged (but parole would likely happen at eight months or so),” wrote Lt. Cmdr. Doug Daniels, the Coast Guard prosecutor.

“This is quite generous and I suggest you make the offer.”

The defense apparently didn’t pursue that deal. Even if it had made such an offer — with the hefty boost of the prosecutor’s support — the final decision sits with Adm. Joseph Castillo, Coast Guard District 11 commander.

A spokesman for Castillo wouldn’t say whether he considered a plea agreement for Ramos.

In fact, later that week the Coast Guard announced that Ramos will face a general court-martial on charges of involuntary manslaughter, negligent homicide and lesser counts, which carry up to 20 years in prison.

The DeWeese family lawyer said his clients would have frowned upon the plea outlined by Daniels.

“We want to ensure that Ramos is prosecuted to the full extent of the law,” said attorney Mike Neil, who has filed a civil suit on the family’s behalf.

“That’s the only way we can drive home the point that this type of conduct is not conscionable and should never happen again.”

Defense attorney Navy Lt. Cmdr. Andrew Myers said he didn’t go for the one-year deal because he thinks there’s evidence his side still doesn’t have. It’s a complaint he raised at the September preliminary hearing.

“I can’t give my guy good advice until I know everything,” he said.

 The Coast Guard focused its prosecution on Ramos earlier this month when it chose to try him at a general court-martial and handle the cases of fellow boat crew members Ian Howell and Brittany Rasmussen in special courts-martial.

The Coast Guard vessel smashed into the DeWeese family boat during the San Diego Bay Parade of Lights in December.

Witnesses said Ramos was driving the 33-foot patrol boat too fast. His lawyers argue the Coast Guard wasn’t properly supervising its crews and gave them an overpowered boat.

Original Article

[BuoyJumper]

No plea entered in Coast Guard collision case
By Gidget Fuentes - Staff writer
Posted : Friday Oct 22, 2010 5:10:41 EDT

SAN DIEGO — A Coast Guard petty officer charged in a fatal boat collision in San Diego Bay last December was arraigned in a military court Thursday.

Boatswain’s Mate 3rd Class Paul Ramos, 21, did not enter a plea during the hearing, held at Naval Base San Diego before a Coast Guard judge based in Alexandria, Va., who presided over the hearing via video teleconference. Ramos made no statement to the judge, Capt. Gary Felicetti.

Ramos, the boat’s coxswain, is charged with 16 counts of involuntary manslaughter, negligent homicide, aggravated assault, negligently hazarding a vessel and dereliction of duty for the Dec. 20, 2009, incident that killed an 8-year-old boy and wounded five other people in a private boat waiting for the start of a holiday boat parade. Investigators allege that Ramos drove the 33-foot patrol boat unsafely and failed to designate lookouts among his crew.

Ramos is expected to return to court Dec. 14 for a motions hearing. His general court-martial is expected to begin sometime in February, although both sides have not agreed on the location for the trial.

The Coast Guard initially also charged three other members of the boat crew in the collision but, after preliminary Article 32 investigation hearings, decided to send one of the cases to nonjudicial punishment and try the two other members at separate special courts-martial next spring.

Ramos’ arraignment came several days after reports surfaced that the National Transportation Safety Board in September backed off initial findings that one of the boat’s crew made or sent six text messages shortly before the crash, basing it on mistaken time zone information from the cell carrier.

Whether that admission will affect the charges against Ramos and the other crew members remains unclear. But an NTSB spokesman told the Associated Press on Wednesday that “we have never indicated that the use of the mobile devices contributed to the accident.”

Original Article

[BuoyJumper]

Former Coast Guard chief sent to state prison

By Patrick Cassidy
pcassidy@capecodonline.com
November 05, 2010


David Pierce is led out of Barnstable Superior
Court Thursday afternoon after being sentenced
to three to four years at MCI Cedar Junction in
Walpole. Pierce had been free on bail since his
ebruary conviction on rape charges pending a
possible appeal before the state Supreme Judicial Court.
Cape Cod Times/Merrily Cassidy

BARNSTABLE — After exhausting his final appeal of a rape conviction, the former chief officer of the Coast Guard's Provincetown station was sentenced Thursday to between three and four years in state prison.

David Pierce, 46, was led from the Barnstable Superior Courtroom in handcuffs and dressed in a suit after a largely pro forma hearing during which Judge Gary Nickerson imposed the sentence. As Pierce was led from the courtroom, he nodded to family members. The decision to grant the prosecution's motion to have the sentence imposed after the state Supreme Judicial Court declined to hear Pierce's appeal for a new trial was automatic, Nickerson said.

In addition to serving the sentence at MCI Cedar Junction in Walpole, Pierce was also ordered not to contact the victim and to be tracked by GPS during a five-year probationary period. He is also required to register as a sex offender and submit a DNA sample.

Pierce was convicted of rape in February 2009 but had been free on $50,000 bail while he appealed the jury's finding.

Nickerson stayed the original sentence because of the likelihood that Pierce would be successful in winning a new trial.

He has been required to wear a monitoring device and be registered as a sex offender while out on bail.

The victim testified during the trial that Pierce raped her in a jealous rage on three occasions. Pierce did not testify on his own behalf but told police that bruises on the woman's body were the result of a "tickle fight." Prosecutors have said that the victim suffered lacerations in her genital area and the contention that the injuries came from a tickle fight is "absurd."

Details of other assault charges the woman initiated against past boyfriends — and one of their sons — that emerged in an evidentiary hearing were not mentioned in front of jurors.

After Thursday's sentencing, Pierce's father, Sandwich Selectman James Pierce, said the family had retained the Boston law firm Swomley and Associates to advise them on outstanding legal options.

Pierce's attorney James Merberg declined to comment on the case Thursday outside of the courtroom.

Original Article

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News Release
Date: September 03, 2010
Contact:  District 11 Public Affairs
              Dan Dewell, 510 772-8217

Coast Guard concludes NJP hearing
for petty officer in collision case



ALAMEDA, Calif. — A charge of dereliction of duty against Coast Guard Petty Officer Lavelle M. Teague was found to be unsupported and was dismissed following a non-judicial punishment hearing held in Alameda, Calif., Tuesday.  Teague faced the charge under Article 92 of the Uniform Code of Military Justice in connection with his duties as a lookout during a patrol in San Diego Bay Dec. 20, 2009, that ended in a collision between a Coast Guard boat and a civilian vessel.

The proceeding, known as an Article 15 hearing or captain's mast, was presided over by Capt. Stephen Metruck, chief of staff of the 11th Coast Guard District. Metruck concluded that the evidence presented at the hearing did not show that Teague, the boat engineer seated in the right rear seat of the patrol boat, was derelict in his duties relative to his lookout responsibilities.

Dereliction of duty was the only charge Teague faced.  Three other petty officers involved in the incident face courts-martial.

Non-judicial punishment is a disciplinary measure within the military justice system more serious than administrative action, but less serious than trial by court-martial.  Unlike courts-martial, which are public trials, NJP proceedings are not open to the general public.

News Release

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News Release
Date: November 29, 2010
Contact:  District 1 Public Affairs
      
New London, Conn., Coast Guard
officer relieved of command

NEW YORK — Coast Guard Lt. Thomas Stokes was relieved for cause as the commanding officer of Coast Guard Station New London, Conn., Nov. 18, 2010, after an administrative review based on a loss of confidence in his ability to command the unit.

The relief for cause is a non-punitive, internal personnel management decision.

"Commanding a Coast Guard unit is one of the most vital assignments in our service," said Capt. Joseph Vojvodich, Commander of Coast Guard Sector Long Island Sound, Conn.  "It is essential that I have complete trust and confidence in all the commanding officers of my field units."

This administrative process was initiated by the Sector Commander in October 2010, at which time a temporary commanding officer was assigned to the station.  During the review process, Lt. Stokes was afforded the opportunity to provide input to both the Coast Guard District Commander, in Boston, where a temporary relief was ordered, and to Coast Guard Headquarters, where the final determination for permanent relief was made.

The station has remained fully operational in all mission areas.

News Release

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CG commander dismissed over alcohol
By John Christoffersen - The Associated Press
Posted : Wednesday Dec 1, 2010 13:31:59 EST

NEW HAVEN, Conn. — The commanding officer of the Coast Guard's New London station said Tuesday he was relieved of his post after he was pulled over for speeding and a breath test found he was slightly over the limit for alcohol.

Lt. Thomas Stokes told The Associated Press he was pulled over by Coast Guard security personnel on a base in Staten Island, N.Y., while he was off duty in October. Stokes said that despite the alcohol breath test's findings, even the investigator had concerns about its reliability.

Stokes said Tuesday he was not intoxicated but accepts the decision and looks forward to his new Coast Guard assignment in Washington, D.C. Stokes said he did not know what the new assignment would entail.

Coast Guard officials said in a statement Stokes was being replaced because supervisors have lost confidence in his ability to command. They called it a non-punitive, personnel management decision.

"I'm devastated," Stokes said, calling it the worst experience of his professional life.

Stokes, 41, said he was not criminally charged and was not demoted. He said he had a spotless 23-year record with the Coast Guard and his station won a coveted award for readiness.

"Nothing gave me greater pleasure with the exception of my family than serving with the crew of station New London," Stokes said.

Chief Warrant Officer Brandon Brewer, a Coast Guard spokesman in New York, said he would not discuss what led to the dismissal because it was non-punitive. He said only that the reason was loss of confidence.

"The command of any Coast Guard unit is one of the most important jobs in the service and something that our operational commanders take very seriously," he said. "There is continuous monitoring of the performance of commanding officers to make sure they are suitable for command."

He said Stokes was temporarily relieved in October, when he was reassigned to a station in New Haven, and "he is making contributions to the Coast Guard mission."

The New London station performs search and rescues, security, boat safety and other missions and saved 65 people and $7.4 million worth of property over the past three years, according to the Coast Guard.

Stokes, who has won several awards during his career, said he was in charge of more than 60 active duty personnel. His prior assignments include leadership and management section chief of officer candidate school.

Original Article

[EX-CG-GM]

Sounds to me like he might have been better off challenging the reliability and accuracy of the breath analyzer.  Nothing to lose at that point.  Knowing the CG as I do I doubt the analyzers are checked for accuracy very often.

I don't know if this applies to the CG but my son who is in LE has told us to always insist on a blood test.  The time it takes to get one's blood drawn can be long enough to drop you below the limit.

[Salba]

There has to be more to this then what we know so far. 23 year career - a LT, so appears to be a mustang. The article was certainly written from his perspective, testimoney as to cause of relief. 

Pulled over by CG security personnel on Staten Island, NY. October Off Duty.  Was speeding and whatever else (weaving?).  Remember, most speed limits on CG bases are low - typically no more than 25 MPH. Got a breath test.  Barely over the limit.  His presentation is - that was the cause of relief.

The CG spokesperson said "Chief Warrant Officer Brandon Brewer, a Coast Guard spokesman in New York, said he would not discuss what led to the dismissal because it was non-punitive. He said only that the reason was loss of confidence."

Okay - so, no charges filed. No mast proceedings.  Which makes sense... getting a speeding ticket and even an off duty alcohol incident aren't UCMJ offenses unless it was grevious enough to become conduct unbecoming.  But, I also find it hard to believe that the incident was sufficient to be the sole reason he was relieved from command.  Perhaps the straw that broke the camel's back, or the fig leaf to use to take an action desired for some other reason - but certainly NOT the sole and only cause/effect relationship for the action.

What else, or in combination could it have been? Pure speculation - for purposes of example only - not implying it was or wasn't present... but who was he visiting on this base when the incident occurred? What behavior may or may not have been displayed towards the CG Security Personnel during the stop?  What actions or behaviors were observed by high chain of command during the follow-up investigations and or actions, discussions, etc that might have led them to the belief of "loss of confidence".

Again, hypothetical but illustrative, - the person(s) being visited were former shipmates from enlisted days, a home poker game was involved, some drinking going on. Nobody in his current chain of command - the issue doesn't rise to the level of 8H frat or conduct unbecoming, but does raise the question of judgment in the chain's mind.  So they call him in for a chat, discussion, mentoring whatever - and his behavior during that process was hostile, confrontive, whatever.  So was he relieved for the suspect sole alcohol incident?  Or was it a combination of the incident bringing to light behaviors either pre or post incident that led to loss of confidence?

WE DON'T KNOW...  the LT's protrayal is reported as the incident only. The Coast Guard rightly is not responding to a personnel decision covered by privacy concerns.

But, I for one, suspect there is more - perhaps much more than what we know now that led to this action.  An alcohol incident isn't good for one's officer career (nor enlisted for that matter) - but it isn't even clear that this lead to such a determination.

Hope that makes sense.
Best wishes

[EX-CG-GM]

But, I for one, suspect there is more

Sounds logical to me.  News articles never have all the facts.

[BuoyJumper]

San Diego News Release
Date: December 09, 2010
      
Charges Reduced In Fatal Harbor Boat Crash
Anthony DeWeese Killed In Coast Guard Boat Collision



SAN DIEGO — A U.S. Coast Guard crew member involved in an on-duty boat crash that killed an 8-year-old Rancho Penasquitos boy on San Diego Bay last year will face reduced charges over the fatal accident, the federal maritime agency announced Thursday.

Military prosecutors have dropped accusations of negligent homicide and aggravated assault against Petty Officer 3rd Class Brittany Rasmussen stemming from the fatal collision last Dec. 20.

Rasmussen, 25, is now slated to face a single count of dereliction of duty during her trial, scheduled for Jan. 26.

Rasmussen and three other Coast Guard members were aboard a 33-foot patrol vessel that rammed a pleasure boat during the annual holiday Parade of Lights on the harbor, killing third-grader Anthony DeWeese and badly injuring several other occupants of the civilian craft.

Petty Officer 3rd Class Paul Ramos, 21, who was piloting the government boat, faces the most serious allegations, including involuntary manslaughter. A pretrial hearing for Ramos is scheduled for next week at the 11th Coast Guard District Headquarters in Alameda.

Petty Officer 2nd Class Ian Howell, 28, is charged with negligent homicide. Last month, an officer presiding over a hearing in the case threw out a dereliction-of-duty charge against the fourth involved crew member, Petty Officer Lavelle Teague, 30, citing insufficient evidence.

The personnel were en route to aid a grounded boat when their vessel collided with the recreational boat. Members of three families who were aboard the 24-foot Sea Ray along with Anthony have sued the Coast Guard.

For their part, the accused crew members have contended that their vessel had structural defects and claimed they were hampered by bad training and poor leadership.

Original Article

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News Release
Date: January 26, 2011
Contact:  District 11 Public Affairs
      
U. S. Coast Guard holds trial
for boat crewmember in fatal crash

SAN DIEGO — A summary court-martial was held Wednesday for U. S. Coast Guard Petty Officer Brittany N. Rasmussen at the 32nd Street Naval Base in San Diego.

Rasmussen appeared before the court and pleaded guilty to a violation of Article 92 of the Uniform Code of Military Justice, dereliction of duty while serving as a crewmember aboard a Coast Guard patrol boat in San Diego Bay the evening of Dec. 20, 2009. The sentence issued by the summary court was a letter of reprimand.

Besides Rasmussen, three other patrol boat crewmembers were charged with violations of the UCMJ following the collision between the patrol boat and a civilian vessel. Courts-martial for two of the members, Petty Officer Ian M. Howell and Petty Officer Paul A. Ramos, are currently scheduled to be held in the coming months. The case of the other crewman charged with dereliction of duty was dismissed because of insufficient evidence late last year at a non-judicial hearing held at the 11th Coast Guard District headquarters in Alameda.

The UCMJ is a complete set of criminal laws that covers most crimes contained in civilian law in addition to other military-specific offenses. UCMJ charges are accusations. The accused are presumed innocent unless proven guilty.

For Petty Officer Ramussen's charge sheet, please click here.

News Release

[Zoomer]

Funny....I can see why her SSN was blacked out, but I can't see why the pay portion was blocked out.  Its way too easy to figure out.

[BuoyJumper]

Jury deliberating Coast Guard court-martial
Pilot on trial for 8-year-old boy's death on San Diego Bay
By Jeanette Steele

Monday, March 21, 2011.



ALAMEDA, Calif. — If you believe the prosecution, Coast Guard boat pilot Paul Ramos was young and thrilled to have a fast boat and an audience that December 2009 night when he crashed his patrol vessel, killing a boy on San Diego Bay.

If you believe the defense, it could have been any San Diego crew member at a Coast Guard station handed powerful boats with little instruction and lax oversight.

Arguments concluded Monday in the court-martial of Ramos, the now 22-year-old Coast Guard boatswain’s mate 3rd class charged with negligent homicide and involuntary manslaughter for killing 8-year-old Anthony DeWeese.

Now a seven-person Coast Guard jury will have to decide which version is closer to the truth after two weeks of testimony from Coast Guard officials, Ramos’ fellow crew members, civilian witnesses and even amateur video shot from boats that dark December night.

Only five jurors must agree in order to convict.

Lead prosecutor Lt. Cmdr. Doug Daniels told the jury that the Coast Guard needs to show the public it can hold itself accountable, in exchange for being entrusted with weapons and large, powerful vehicles.

That’s why Coast Guard officials charged negligent homicide, a count that includes the aspect of bringing shame to the agency, he said.

“In the Coast Guard, it’s our job to protect lives. When one of our own hurts the public, that discredits the service,” Daniels said. “The American people trust us to protect them. That’s a sacred trust.”

But the prosecutor also acknowledged that the jury faces a tough job.

“The difficult question in this case is not so much guilt or innocence,” Daniels said in his closing argument. “It’s how do you hold someone accountable who is a good person and meant no harm.”

Ramos faces up to 20 years in prison if convicted.

The Coast Guardsman was driving the 33-foot patrol vessel that crashed into the rear of the 24-foot DeWeese family boat, which was idling off Harbor Island for the crowded San Diego Bay Parade of Lights.

The Coast Guard crew was headed to a non-emergency report of a boater stuck in the mud near the marina. Estimates of the patrol boat’s speed vary widely, from 15 to 30 knots.

The defense’s case casts blame on the various investigations of the crash, calling them “shoddy.”

Ramos’ attorneys said Coast Guard and San Diego Harbor Police officials allowed sympathy for the DeWeese family to cloud their professional judgment, leading to a premature focus on the Coast Guard boat’s speed and ignoring three beer bottles on the DeWeese craft that night.

Referring to a taped interview of the DeWeeses by investigators, one of Ramos’ lawyers called it “more like a coordination session to get their stories straight.”

Alan DeWeese, Anthony’s father and pilot of the family’s boat, testified he drank part of one Pacifico and a later test found no alcohol in his blood. But Ramos’ team said investigators failed to test DNA on the bottles to check the claim that DeWeese’s friends drank the other two.

The defense also raised questions about the white navigation light on the back of the DeWeese boat, even bringing the bent fixture into the courtroom.

On Monday, they picked apart stories of several witnesses who said the light was illuminated before the crash, and said Alan DeWeese contradicted himself in testimony about prior use of the boat’s light at night. If the light wasn’t on, it would lessen Ramos’ responsibility under the law.

“You have to ask yourself what all these gaps in the investigation mean,” said Cmdr. Brian Koshulsky, Ramos’ lead attorney, in his closing argument.

Ultimately, he said, Anthony’s death was a terrible accident, not a crime.

“Everybody makes hundreds of decision every day. If it’s a mistake in judgment that a reasonable person could make, there is no negligence. There is no crime,” Koshulsky said.

In rebuttal, the prosecution said no other boat was going as fast as the Coast Guard vessel that night, and that Ramos’ lawyers are trying to fault everyone but their client, who did not testify.

“If there’s an automobile accident and it’s your fault, you don’t blame the DMV for giving you a license, or your parents for raising you wrong,” Daniels told the jury. “There’s such a thing as personal responsibility.”

The Coast Guard commandant has convened a safety board to study the incident, Daniels said.

Original Article

[Zoomer]

Remembering operating 40 footers on San Francisco bay at about the same age I can sympathise with the young Petty Officer Ramos.  On the other hand it was a nonemergency call.  If I were on the jury, I don't know how I would have voted.  Then again, according to the rules of the road, you must operate your vessel where you will be able to stop it in time to prevent a collision.  An eight year old is dead.  Man 'o man.....what is realy just?