Airman found guilty at court-martial

  • Published
  • By 35th Fighter Wing Judge Advocate
  • 35th Fighter Wing Legal Office
MISAWA AIR BASE, Japan --  On 25 May 2011, a Special Court-Martial convened at Misawa Air Base and found Airman First Class Javier Padilla, Jr., 35th Security Forces Squadron, guilty of attempted larceny, larceny, and making a false official statement. The court sentenced Padilla to six months of confinement, a reduction to Airman Basic, forfeiture of $700 per month for six months, and a reprimand.

A1C Padilla pleaded guilty to stealing or attempting to steal nearly $1,400 in DVDs, exercise equipment, clothing items and electronics from five different online vendors. He used his deployed roommate's credit card after the roommate had been medically evacuated to Germany for traumatic brain injury. A1C Padilla also pleaded guilty to lying about what had happened to a portable music player he had ordered, claiming it had been lost when in fact he had it in his pocket at the time of questioning.

The court was composed of four officer members. Before adjudging a sentence, they reviewed evidence and heard arguments from both the prosecution and defense.

In his sentencing argument, Capt Jeff Clark, Assistant Trial Counsel, argued that A1C Padilla's actions warranted severe punishment because A1C Padilla took advantage of his roommate while the roommate was vulnerable and did not take responsibility for his actions until he was caught.

Capt Jacob Ramer, Defense Counsel, argued that A1C Padilla had great rehabilitation potential because of his excellence in the classroom and at work, stating that he showed great responsibility by pleading guilty.

Through the UCMJ process, the facts of this case have been considered and evaluated in an impartial manner to ensure the outcome of this court-martial was fair and just.

A1C Padilla is currently serving his confinement at Misawa Air Base. A1C Padilla will have an opportunity to present clemency matters to Col Mike Rothstein, the Special Court-Martial Convening Authority, before the sentence is finally approved.