CHARGE SHEET - The United States Army Judge Advocate ...



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| |CHARGE SHEET |

|I. PERSONAL DATA |

|1. NAME OF ACCUSED (Last, First, MI) |2. SSN |3. GRADE OR RANK |4. PAY GRADE |

| |JONES, John M. | |111-00-1234 | |SPC | |E-4 |

|5. UNIT OR ORGANIZATION | |6. CURRENT SERVICE |

| |10th Replacement Company, 10th Soldier Support Battalion, 3rd Armored Cavalry Regiment, Fort Carson, Colorado |a. INITIAL DATE |b. TERM |

| |80913 | | |

| | | |13 Mar 03 | |5 YRS |

|7. PAY PER MONTH |8. NATURE OF RESTRAINT OF ACCUSED |9. DATE(S) IMPOSED |

| a. BASIC | b. SEA/FOREIGN DUTY | c. TOTAL | | |

| | | |None |N/A |

| $1695.60 | | N/A |$1695.60 | | |

| | |II. CHARGES AND SPECIFICATIONS |

|10. CHARGE I: |VIOLATION OF THE UCMJ, ARTICLE 81. |

| | |

| |SPECIFICATION 1: In that Specialist John M. Jones, United States Army, did, at or near Fort Carson, Colorado, on or about 10 February 2005, conspire with | |

| |Private First Class John L. Williams and Private First Class Brian R. Smith to commit an offense under the Uniform Code of Military Justice, to wit: rape, and | |

| |in order to effect the object of the conspiracy, the said Specialist John M. Jones did rape Jane Doe. | |

| | | |

| |SPECIFICATION 2: In that Specialist John M. Jones, United States Army, did, at or near Fort Carson, Colorado, on or about 10 February 2005, conspire with | |

| |Private First Class John L. Williams and Private First Class Brian R. Smith to commit an offense under the Uniform Code of Military Justice, to wit: | |

| |kidnapping, and in order to effect the object of the conspiracy, the said Specialist John M. Jones did kidnap Jane Doe. | |

| | | |

| |CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 120. | |

| | | |

| |SPECIFICATION: In that Specialist John M. Jones, United States Army, did, at or near Colorado Springs, Colorado, on or about 11 February 2005, rape Jane Doe. | |

| | | |

| | | |

| |CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 134. | |

| | | |

| |SPECIFICATION: In that Specialist John M. Jones, United States Army, did, at or near Fort Carson, Colorado, on or about 11 February 2005, willfully and | |

| |wrongfully seize, carry away and hold Jane Doe, a person not a minor, against her will. | |

| |END OF CHARGES | |

|III. PREFERRAL |

|11a. NAME OF ACCUSER (Last, First, MI) |b. GRADE |c. ORGANIZATION OF ACCUSER |

| |MAYES, Michael D. | |CPT | |10th REPL CO, 10th SSB, 3rd ACR |

|d. SIGNATURE OF ACCUSER |e. DATE |

| | |12 Jul 05 |

| |

| |AFFIDAVIT: Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the | |

| |above named accuser this __12th____ day of _________July_____, 2005_____, and signed the foregoing charges and specifications | |

| |under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of | |

| |or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief. | |

| |JESSE MATT | |HHC 7th ID(L) Fort Carson CO | |

| |Typed Name of Officer | |Organization of Officer | |

| |CPT | |Judge Advocate | |

| |Grade | |Official Capacity to Administer Oath | |

| | | |(See R.C.M. 307(b) – must be a commissioned officer) | |

| Signature |

DD FORM 458, AUG 84 (EG) EDITION OF OCT 69 IS OBSOLETE.

| |

| On _12 July `_______________, 20__01____ , the accused was informed of the charges against him/her and of the name(s) of |

|The accuser(s) known to me (See R.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.) |

| |MICHAEL D. MAYES | |10th REPL CO, 10th SSB, 3rd ACR | |

| |Typed Name of Immediate Commander | |Organization of Immediate Commander | |

| |CPT | | | |

| |Grade | | | |

| |Signature | | | |

|IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY |

|13. | | |

| The sworn charges were received at _________ hours, _________________________ 20________ at |HQ, 10th SSB, 3rd ACR | |

| | | Designation of Command or |

| |Fort Carson, CO 80913 | |

| Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403) |

| |FOR THE | | |

| |

| |ROBERT E. FALKENSTEIN | |Commanding | |

| |Typed Name of Officer | |Official Capacity of Officer Signing | |

| |LTC | | | |

| |Grade | | | |

| |Signature | | | |

|V. REFERRAL; SERVICE OF CHARGES |

|14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY |b. PLACE |c. DATE |

|Headquarters, 7th ID(L) |Fort Carson, CO 80913 |14 Aug 05 |

| |

| Referred for trial to the |General |Court-martial convened by |Court-Martial Convening Order 37 | |

| |

| | | |

| |

| |Dated |, |7 July |20 |05 |, subject to the following instructions:2 |None | |

| |

| | | |

| |

| | |By |Command |of |Major General Mixon | |

| |Command or Order | |

| | | |

| |Tiernan Dolan | |Chief, Criminal Law | |

| |Typed Name of Officer | |Official Capacity of Officer Signing | |

| | | | | |

| |MAJ | | | |

| |Grade | | | |

| | | | | |

| |Signature | | | |

|15. |

| |On |14 August |, 20 |05 |, I (caused to be ) served a copy hereof on (each of) the above named accused. |

| |

| | Jesse Matt | |CPT | |

| |Typed Name of Summary Court-Martial Officer | |Grade or Rank of Summary Court-Martial Officer | |

| | | | | |

| |Signature | | | |

|FOOTNOTES: |1 — When an appropriate commander signs personally, inapplicable words are stricken. |

| |2 — See R.C.M. 601(e) concerning instructions. If none, so state. |

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