USCG — UCMJ Proceedings

[cmypay]

I whole-heartedly agree that "loss of confidence" is a (unfortunately) necessary tool, but it leaves open so much to question.  I am sure there is a valid reason behind this one, as there is with any other RFC, at least to her superiors.  But it would be nice to see "I have lost confidence in this person because..."  I suppose that would violate something, but would defiantly stop the questions of is the cause a personality/political thing.

[BuoyJumper]

Coast Guard officer
acquitted of attempted murder
By Denise Nix Staff Writer
Posted: 06/30/2010 08:29:25 PM PDT

LOS ANGELES — A decorated U.S. Coast Guard officer was acquitted Wednesday of charges that he tried to kill the object of his affections with a shotgun in her Harbor City home.

Chief Petty Officer Alex Gayson, 48, was found not guilty by a Long Beach Superior Court jury of attempted murder and assault with a deadly weapon, as well as allegations he used a firearm.

The alleged victim, who was only identified in court by her first name during the trial, is a civilian jailer at the Redondo Beach jail. Gayson worked at the Redondo Beach Police Department doing technical services before enlisting full time about 10 years ago.

Gayson's defense attorney, Jeffrey Gray, said his client's only intent on Nov. 19 was to kill himself - not the woman he was infatuated with.

But Deputy District Attorney Danette Gomez said prosecutors believe the evidence showed Gayson's intent to kill the woman, then probably himself, was clear because of his actions leading up to the incident.

According to trial testimony, Gayson and the woman dated briefly in 1999, then went their separate ways for several years before rekindling their relationship in 2003. 

The woman testified she broke up with him after several months because he wasn't her type, Gray said.

However, they continued to have some kind of relationship in which he took her on all-expense paid trips to locales including Egypt and Hawaii, and bought her gifts like a cellular telephone, Gray said.

On the witness stand, the woman said the two were only occasionally intimate during those years, according to Gray.

"He's head over heels in love with this woman. Period. And he never does anything inappropriate," Gray said. "She took advantage of it."

Sometime around late 2008 or early 2009, she asked him to move into her home because she needed a tenant, Gray said.

In October 2009, she told Gayson that she was going to date another man, and the situation in the home became strained and tense, Gray said.

On Nov. 8, the first time she brought the new man home, Gayson bought a 12-gauge shotgun.

That same day, Gayson penned a letter that began: "I can't take the pain anymore ... " according to Gray.

In the letter, he expressed his love for the woman. A few days before that, he named her as the sole beneficiary of his life insurance policy, Gray added.

However, during the same period, he allegedly hacked into her e-mail account and read correspondence between her and the new boyfriend, according to Gomez.

In addition, another letter, titled "The End," was recovered as evidence, Gomez said. In that document, the victim was no longer named the beneficiary of his possessions.

A search of his computer showed he last accessed that document the day before the incident.

In addition, a forensic examination of the computer showed that he performed an Internet search related to murder-suicide and his life insurance plan, according to Gomez.

On Nov. 19, he picked up the gun and sent a notarized letter to his commanding officer at the San Pedro Coast Guard base, where he worked as a port security specialist, with detailed instructions for his cremation, and the spreading of his ashes over Egypt, Gray said.

Then he returned home, knocked on the woman's bedroom door and asked if she loved the other man and if they could be friends. She told him that she didn't think they could.

Gayson then retrieved the shotgun, loaded with three bullets, and returned to her bedroom about a half-hour later.

The woman testified he pointed it at her torso and face, and she struggled with him over the weapon, Gomez said.

Realizing she couldn't fight him, she talked to him in an effort to calm him down. She told him they could work it out.

"At this point, he says: `Let me do it. Let me do it. Let me kill myself,"' Gray said.

The situation de-escalated to a point at which she was able to take the gun and lock it in her car, and the two continued talking.

However, at some point, she sent a text message to a friend stating that Gayson had a gun and to call the police, according to Gray.

When officers from the Los Angeles Police Department arrived, the woman, her sister and nephew were waiting outside.

Gayson, who has two children, was taken to a Veterans Hospital until he was charged a month later and transferred to county jail.

Gayson, who was honored in 2002 as the U.S. Coast Guard Reserve Enlisted Person of the Year, was expected to be released from custody Wednesday.

Gray said he spoke with three jurors who thought the woman "used and abused" Gayson to the point of suicide.
 
Original article

[Salba]

Ron:

Having been an investigative officer on a suicide of an AD member, I know this situation is sad state of affairs regardless of whether the facts were murder/suicide or attempted suicide.  I hope the Chief gets help.

However, I am also miffed (not surprised) that the writer of the article was too lazy, or worse - purposefully misconstrued the headline as a Coast Guard Officer.  I've seen this too many times to count - so I presume it was laziness or lack of effort to understand the differences between Petty Officer, Chief Petty Officer, and Commissioned Officer.  Can't tell you how many times that I've seen the same mistake made.

What is surprising, is that it most occurs when the news is negative or sad... it seems like when the news is good then the proper identifications are made...

For example, a Coast Guard Petty Officer - BM Third Class John Doe was cited for saving Jane Smith from drowning... on his way home from work he saw... and immediately dived in... and pulled... etc

Compared to
For example, a Coast Guard Officer stationed aboard the Cutter Neversail was arrested for an alleged rape today by the XX City Police.  YN2 Jack N. Box was taken into custody aboard his vessel.. etc

The writer clearly knew it was a Chief Petty Officer... no reason for the headline he used.  BUT I suspect I'm tilting at windmills again!

Have a great 4th. Best Wishes
Sonny

[BuoyJumper]

The writer clearly knew it was a Chief Petty Officer... no reason for the headline he used.  BUT I suspect I'm tilting at windmills again!

Have a great 4th. Best Wishes
Sonny

I agree totally Sonny.  I have seen the press do that way too many times in the past. 
That's the very reason why I decided to change the name of the thread.  It's not about O's, it's about Coasties.

[BuoyJumper]

4 Coast Guard members charged in fatal boat collision
on San Diego Bay during Christmas parade
By ELLIOT SPAGAT , Associated Press



SAN DIEGO — The Coast Guard filed criminal charges Thursday against four petty officers who were in a patrol boat that slammed into a civilian craft during a Christmas parade on San Diego Bay, killing an 8-year-old boy and injuring five others.

The four face charges ranging from involuntary manslaughter to negligent homicide and dereliction of duty. Some charges are punishable by several years in prison upon conviction in military court.

The collision occurred the night of Dec. 20 as boats were gathered in San Diego Bay for an annual Christmas parade of decorated boats. Witnesses had said the 33-foot Coast Guard boat was speeding when it rammed a 26-foot Sea Ray pleasure boat.

Anthony Cole DeWeese was struck in the head and died at a hospital after the crash.

"I knew the Coast Guard would do a professional investigation of this, so I am not surprised at all," said Mike Neil, an attorney for the DeWeese family. "It was an anticipated development because it confirms what we have felt along."

The family filed a lawsuit against the federal government in February in San Diego federal court, seeking unspecified damages.

A Coast Guard spokesman, Dan Dewell, said he did not have attorney names for the four defendants.

The Coast Guard charged Petty Officer Paul A. Ramos, the boat coxswain, with involuntary manslaughter, aggravated assault, negligence and dereliction of duty.

Petty Officer Ian M. Howell was charged with negligent homicide, aggravated assault, negligence and dereliction of duty.

Petty Officer Brittany N. Rasmussen was charged with negligent homicide, aggravated assault, and dereliction of duty.

A charge of dereliction of duty was brought against Petty Officer Lavelle M. Teague.

Prosecutors will present evidence against the four at a hearing in military court and Rear Adm. Joseph Castillo, commander of the 11th Coast Guard District, will decide whether to convene a court-martial.

Involuntary manslaughter is punishable by up to 10 years in prison. Other potential maximum terms are five years for aggravated assault, three years for negligent homicide, two years for negligently hazarding a vessel, and three months for dereliction of duty.

Witnesses said the Coast Guard boat was traveling at 35 mph to 45 mph when it crashed.

The Coast Guard boat was responding to a report of a grounded vessel when it rammed DeWeese's boat. Neither boat was participating in the parade.

Alan DeWeese has said that he had just finished watching a fireworks display when he heard an engine roar behind him. He turned around, but it was too late to dodge the Coast Guard boat bearing down on him in the dark.

"He came up so fast I didn't have time to react," DeWeese told The Associated Press in December.

Original Article

[BuoyJumper]

4 Coast Guardsmen
charged in boating death

By Gidget Fuentes - Staff report
Posted : Sunday Jul 4, 2010 12:55:31 EDT
   
SAN DIEGO — The Coast Guard on Thursday filed criminal charges including negligent homicide and involuntary manslaughter against four petty officers in the death of an 8-year-old boy during a Christmas boat parade on San Diego Bay last year.

The four Coast Guardsmen, all active-duty members assigned to Coast Guard Station San Diego, were in a 33-foot patrol boat that allegedly was speeding when it collided with a 26-foot Sea Ray cruiser boat about 5:45 p.m. Dec. 20, just before the start of the annual San Diego Parade of Lights boat parade.

The boy, Cole DeWeese, was struck in the head and killed and five other people on the boat were injured.

Charged are:

• Boatswain’s Mate 3rd Class Paul Ramos, the boat’s coxswain, who faces 16 counts on charges of involuntary manslaughter, aggravated assault, negligently hazarding a vessel and dereliction of duty. Among the allegations, Ramos “failed to maintain a safe speed … in order to take proper and effective action to avoid a collision and stop within a distance appropriate for the prevailing circumstances,” according to official charges filed by the Coast Guard. Ramos also is accused of failing to designate lookouts and complete a risk assessment before he and the boat crew got underway. He faces as much as 58 years and a dishonorable discharge if he is tried and convicted on all counts.

• BM2 Ian Howell, who faces 16 counts on charges of negligent homicide, aggravated assault, negligently hazarding a vessel and dereliction of duty. Howell was working as the officer-of-the-day at the Coast Guard station and was a member of the boat crew that evening but, according to the charges, he failed to advise the coxswain to maintain a safe speed and also failed to do a risk assessment or assign lookouts. He faces up to 53 years and a dishonorable discharge if tried and convicted on all counts.

• BM3 Brittany Rasmussen, who faces 14 counts on charges of negligent homicide, aggravated assault and dereliction of duty for allegedly failing to perform as a lookout, according to the official charges. Rasmussen could get as much as 51 years and a dishonorable discharge if tried and convicted on all counts.

• Machinery Technician 3rd Class Lavelle Teague, who is charged with one count of dereliction of duty for failing to perform as a lookout on the boat. Teague could get sentenced to three months and lose partial pay and benefits if convicted.

The four petty officers remain on active duty and assigned in San Diego but “have not been on boat operations since the night of the crash,” said Dan Dewell, a spokesman at 11th Coast Guard District headquarters in Alameda, Calif.

They will appear in the coming weeks at Article 32 preliminary hearings. The investigating officer who will recommend whether the charges against each of the petty officers should be heard at a court-martial, be dropped or be reduced to administrative action. The final decision on each case will rest with Rear Adm. Joseph Castillo, 11th District commander, who will serve as the convening authority in the case.

A fifth person was on the boat at the time of the collision but has not been charged, Dewell said.

The Coast Guard is continuing with work on two separate investigations into the crash, one conducted by the Coast Guard Investigative Service and another internal administrative investigation, he said.

The boy’s family, which has a suit against the Coast Guard pending in federal district court, has complained that the boat crew was speeding recklessly through the bay when it struck their boat, so the charges came as no surprise.

“It confirms what we have felt all along,” Mike Neil, a San Diego attorney representing the DeWeese family and a retired Marine brigadier general, told The Associated Press.

Dewell said that Coast Guard boat operations remain very safe. “It’s a rare occurrence when something like this happens,” he said. “Nobody here in Alameda or at headquarters (in Washington) could remember an involuntary manslaughter charge against a Coast Guardsman in connection with something they’ve done on duty. It’s very rare.”

Original Article

[BuoyJumper]

News Release
Date: July 09, 2010
Contact:  District 13 Public Affairs

Sector Portland's Commanding
Officer Relieved of Command

SEATTLE — Rear Adm. Gary T. Blore, commander of the Thirteenth Coast Guard District, has relieved Capt. Fredrick G. Myer from his duties as commander of U.S. Coast Guard Sector Portland, Ore., Friday, citing alleged misconduct due to a violation of military regulations, specifically unauthorized use of a government computer.

Specifically, Capt. Myer was found, during an investigation, to have repeatedly viewed pornographic and other restricted internet sites on a government computer.

Pending a final determination by the Commandant of the U.S Coast Guard in Washington, D.C., as to Capt. Myers case, Capt. Leonard R. Tumbarello, has been temporarily assigned to Sector Portland and the sector is conducting normal operations.

"The decision to relieve a commanding officer is never easy and is taken very seriously.  We take the Service's core values of honor, respect and devotion to duty as guiding principles of our personal and professional conduct," said Rear Adm. Blore.  "When any service member violates these core values they must be held accountable, especially our commanding officers.  This action, while unfortunate and difficult, is in the long term best interest of the unit and the Service."

For media inquiries contact the Thirteenth Coast Guard District Public Affairs Office at (206) 220-7237.

News Release

[cmypay]

I have to wonder (and shake my head) as to how someone can progress so far into a career with the Coast Guard, move up through the ranks, and NEVER get caught until he/she reaches O-6. Doesn't it seem that this is a behavior that this man has been practicing for some time? I seriously doubt that he made O-6 and suddenly decided that the prohibition of pornography didn't apply to him.

[BuoyJumper]

I have to wonder (and shake my head) as to how someone can progress so far into a career with the Coast Guard, move up through the ranks, and NEVER get caught until he/she reaches O-6. Doesn't it seem that this is a behavior that this man has been practicing for some time? I seriously doubt that he made O-6 and suddenly decided that the prohibition of pornography didn't apply to him.

I agree Paulie, doesn't make much sense does it.  I noticed in his bio Captain Myer has been in the Coast Guard for 24 years.  Why all of a sudden does this show up now?  Something happen at home?

Most of all though, I do not understand why the CG insists upon airing their dirty laundry in public.  
What possible purpose could this serve and what good can come out of it?  

What about the embarrassment to his family .. what good does that do?

[marspec]

In this day and age if the Coast Guard did not give a reason for relief somebody would start asking questions and then the CG would be criticized for being secretive.  Damned if you do - damned if you don't.

[EX-CG-GM]

Actually I think its a little silly that a guy is getting booted out for watching some porn.  Gawd knows that before the internet lots of guys on the ships loaded up on magazines before we went on Ocean Station.

Yeah, he should not have been using a CG computer, but getting the boot seems over the top.

[LTGunner]

Actually I think its a little silly that a guy is getting booted out for watching some porn.  Gawd knows that before the internet lots of guys on the ships loaded up on magazines before we went on Ocean Station.

Yeah, he should not have been using a CG computer, but getting the boot seems over the top.

You're kidding right....       So it does not concern you that a senior officer has nothing better to do than repeatedly view pornographic and other restricted internet sites on a government computer (probably during the work day)?  WTF... He's the CO for gosh sake.  There is more than just the obvious here.  

The CO is responsible for the Sector, material, and personnel under his command.   I don't think it's silly at all, its a down right a shame.  

As to:  

Why all of a sudden does this show up now?  Something happen at home?

- Nope, I suspect the Captian felt he had nothing to worry about.  Complacency took over and instead of commanding, he made a conscious decision to "surf the web".  Do it at HOME on your own time, not at your command!  

[cmypay]

Ok, so my next question: how did he manage to get around all the blocks the CG has put in place to prevent this? Is he a talented computer geek or are these "blocking tools" that much of a joke?

I tend to agree LTG that he believed he had nothing to worry about, that he was above the law, so to speak.

[captjamie]

I'm with stan on this one, I think that the CG is being a little to PC these days. LTG it could have been a laptop and he might have been at home, but yes there is a time and place for everything and while in your office is not a time to surf the porn sites. I belive that there is a whole lot more to this story than what we are told (maybe he was looking at gay porn,so they belive he is gay but give him the boot for the lesser   )Geez I guess I could have been kicked out for  haveing a centerfold taped up to the inside of my locker door on the Firebush back in the early 80's, using a CG ship to view porn   .

  mates

[LTGunner]

Ok, so my next question: how did he manage to get around all the blocks the CG has put in place to prevent this? Is he a talented computer geek or are these "blocking tools" that much of a joke?

Proxy Server.... The CO has probably has some computer savy and used a proxy server to get around security measures.  People use them to have multiple log on names too...

captjamie... no need to take sides.  You can agree with Stan; but it still doesn't make it right.  The Sector CO and his Staff all signed "User Agreement Statements" and agree that the computer asset (laptop or desktop) is FOR OFFICIAL USE ONLY.    So you're basically agreeing that the CO can pick a choose what signed ageeements he has to follow; but the personnel under his command must follow don't have a choice?  I don't concur.   On the outside it looks like a case of porn, simple viewing pleasure.  BS,    it's the CO not following orders and complacency.  Not good qualities for a CO.  He should have been watching his command; not porn....