Legal Question in Military Law in Maryland

Pending Larceny Charge

My husband is currently in AIT at Aberdeen Proving Grounds in MD and has been told that he is going to possibly be charged with larceny. He was involved in switching armored vests between people in his barracks. There was a guy (guy a) in the room next to him who didn't have a wall locker and kept all of his gear on floor. Guy A had his vest stolen and the next day asked my husband and his roommate if they could find him a new one. My husband and his roommate took a vest from their other roommate (Guy B) and gave it to Guy A because Guy B was always leaving his gear unsecured. Once Guy B realized his vest was stolen he asked my husband and the other roommate if they could get him a replacement vest. One day a few weeks later somebody overheard my husband saying something about the whole ordeal and reported it to a sgt. He has been held over for about four weeks and hasn't been told why. The other people involved in this have been allowed to leave base. My question is, if my husband is the only one that admitted guilt and cooperated, why is he the only one still there?

Asked on 4/11/09, 11:18 pm

2 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: Pending Larceny Charge

That may be the reason he's held there.

If he is going to be prosecuted for larceny, and he's the only one who confessed and cooperated, they will prosecute him first. Once he's been prosecuted they will likely give him a grant of immunity and order him to testify against the others.

Also, the others could have been allowed to leave because the prosecutors don't think they are guilty, or as guilty as your husband. Or, there could simply have been a bureaucratic mess up. Or, they can still go after others even though they have transferred.

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Answered on 4/11/09, 11:24 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Pending Larceny Charge

Tell your husband not to talk to anyone but his trial counsel. It is always a mistake to talk to investigators without trial counsel present. He should use the JAG officer appointed to him and follow his advice.

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Answered on 4/13/09, 10:32 am

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