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Denver, CO Martial Law Blog

Sunday, January 28, 2018

Navy May Charge Ship Captains in Deaths of Their Own Sailors

Can a Naval commanding officer be held criminally-responsible for failed “operational decisions” that result in a sailor’s death

Court-martial defense attorneys may be gearing up to fight a battle the military justice system very rarely sees within the Navy--criminally negligent homicide charges against commanding officers. To put it in perspective, only two commanding officers have faced and been convicted at court-martial for “failed operational decisions” in the past 40 years-- and the last of those convictions was 30 years ago.

Generally, commanding officers are not criminally court-martialed, but rather face military administrative action for non-criminal misconduct charges.

But the Navy is considering criminally charging the commanding officers of two ships in the death of their own sailors. Why these officers? Why now?

The proposed negligent homicide charges against the commanding officers come following two separate catastrophic naval vessel accidents last summer in which a combined 17 sailors died (10 in one accident and 7 in the other) and several others were injured. Most of the dead were reportedly drowned by water rushing into their compartments after the vessels were sliced open upon impact.

Phrases such as "poor judgment”, “poor leadership”, and "loss of confidence in the ability to command" have been tossed about with respect to some of the commanding officers and crew blamed in the collisions. In accordance with its usual way of handling such incidents, the commanders and crew involved were subject to administrative actions and nonjudicial punishment. The commanders—one of whom was reportedly asleep and not awakened or made aware of any problems by the crew-- were relieved of their commands.

There are many actions and devices allowing for reprimand under military administrative law. Because these actions can lead to serious consequences including reduction in rank, placement in correctional custody, loss of pay, extra duty or additional restrictions, and even discharge, it would be wise to seek counsel from an experienced military administrative action attorney who can defend your rights and salvage your career against these actions.

But the latest apparent move to also pursue criminal charges may be due to pressure from the public, lawmakers, and bereaved military families seeking answers and accountability from commanding officers for the recent and politically-embarrassing string of naval accidents including the two at hand, and two other recent prior accidents. Don’t be a scapegoat.

If you are, or believe you might be, facing a military court-martial or a military administrative action, you need an experienced civilian military defense attorney to fight for you. Don't trust your reputation, career, benefits, pension, freedom, or your life to an often inexperienced and overworked free attorney from the trial defense service. Elkus, Sisson & Rosenstein has the time, resources, and experience to mount an aggressive defense on your behalf. Contact us today for a free consultation.

From our offices in Denver and Colorado Springs, we represent service members in all branches and all ranks, anywhere in the world.


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