1LT is accused of domestic violence by his wife. His unit informs him that they will be initiating a board of inquiry against him and reprimanding him with a General Letter of Reprimand. Mr. Robert C...apovilla from Shewmaker & Shewmaker helps conduct an extensive investigation, interviews the complaining witness, and files a response to the 1LT’s notification of a GOMOR. RESULT: Command destroys the GOMOR. Charges Dropped. No BOI.
Criminal defense
Army Sex Assault Case
Mar 12, 2020
OUTCOME: Charges Dropped
Airborne student is accused of sexual assault by a women he was romantically involved with. The PFC hires Mr. Robert Capovilla at Shewmaker&Shewmaker after he's informed the case is going to courts-ma...rtial. Mr. Capovilla and Shewmaker&Shewmaker interview all the individuals at the party and uncover exculpatory evidence. The Army decides to dismiss the investigation. The PFC's flag was lifted and he was permitted to graduate from Airborne School.
Criminal defense
US v. E-6 - Sexual Assault
Mar 11, 2020
OUTCOME: Sex Assault Charges Dismissed
TSgt in the Air Force was accused of sexual assault. The TSgt hired Mr. Robert Capovilla at Shewmaker&Shewmaker once he realized that he was going to be prosecuted. During the motions hearing, Mr. Ca...povilla cross examined the accuser and got her to admit, under oath, that she deleted evidence shortly before making her complaint against the TSgt. Moreover, Mr. Capovilla fought hard to obtain the accuser's mental health records and cellular phone.
Military law
Navy Separation Board
Jan 27, 2020
OUTCOME: Retained
HM2 Alliano hired Robert Capovilla and the team at Shewmaker & Shewmaker after he tested positive for THC from a urinalysis done in June 2019. At the time he tested positive for THC, HM2 Alliano was a ...19 year veteran of the United States Navy, a combat veteran, a decorated Naval Corpsman, a survivor of the 2015 Chattanooga shootings. After several hours of litigation, the board retained HM2 Alliano, which means that he will now retire with full benefits in place.
Military law
Navy Separation Board
Jan 15, 2020
OUTCOME: Suspended Sentence - Retirement Saved
19-year veteran was notified of separation for using illegal substances. After three hours of litigation before a Navy separation board, Mr. Robert Capovilla was able to persuade the members that the ...veteran was experiencing combat stress and PTSD.
Sex crime
Fort Sill, Oklahoma, (Sexual Assault and Abusive Sexual Contact).
Sep 10, 2019
OUTCOME: FULL ACQUITTAL. No sex offender registration. No jailtime. Our client is now with a line unit and he was recently promoted.
Soldier is accused of sexual assault and abusive sexual contact by a female trainee at AIT. During trial, Shewmaker & Shewmaker expose the accuser during an aggressive cross examination. Shewmaker & ...Shewmaker show the panel that the accuser sent him several nude photos of herself and lied to CID about those photos. Shewmaker & Shewmaker expose the Government’s “eye witnesses” and show the panel that each Government witness lied about what happened and significantly changed their story during trial to support the accuser’s case. At one point, Shewmaker & Shewmaker forced the Government’s “star witness” to admit that he lied to his 1SG about committing misconduct. Lastly, after a thorough investigation, Shewmaker & Shewmaker are able to locate 3 witnesses who were present when this alleged sexual assault occurred. CID never spoke to these witnesses. These witnesses testified that they did not see our client sexually assault the accuser.
Criminal defense
US v. E-3 (Sex Assault)
Sep 10, 2019
OUTCOME: Full Aquittal
Soldier is accused of sexual assault and abusive sexual contact by a female trainee at AIT. During trial, Shewmaker & Shewmaker expose the accuser during an aggressive cross examination. Shewmaker & ...Shewmaker show the panel that the accuser sent him several nude photos of herself and lied to CID about those photos. Shewmaker & Shewmaker expose the Government’s “eye witnesses” and show the panel that each Government witness lied about what happened and significantly changed their story during trial to support the accuser’s case. At one point, Shewmaker & Shewmaker forced the Government’s “star witness” to admit that he lied to his 1SG about committing misconduct. Lastly, after a thorough investigation, Shewmaker & Shewmaker are able to locate 3 witnesses who were present when this alleged sexual assault occurred. CID never spoke to these witnesses. These witnesses testified that they did not see our client sexually assault the accuser.
Military law
Austin Peay State University. Army ROTC (Failure to Obey a Lawful Order, Undesirable Character, & Conduct Unbecoming)
Aug 25, 2019
OUTCOME: CDT RETAINED in ROTC, allowed to continue to Advance Camp and Commission into the United States Army
Cadet (CDT) was accused of “undesirable character” when his girlfriend filed a restraining order against him. The Professor of Military Science (PMS) initiated a disenrollment board in order to remove... the CDT from the program and either require him to pay back all of his tuition (thousands of dollars) or enlist into the Regular Army for four years. CDT retains an attorney from Shewmaker & Shewmaker who begins investigating the case and developing a strategy to combat the disenrollment board. Shewmaker & Shewmaker discovers that the girlfriend was in a romantic relationship with the CDT and was lying to her parents about it who did not want her to date the CDT. The girlfriend’s father is also a Major in the Army who was good friends with the PMS. It was clear that the Major wanted the PMS to punish the CDT for dating his daughter against his wishes. At the board, the PMS submitted various anonymous statements about the CDT that tried to paint the CDT as a horrible Soldier and human being. Shewmaker & Shewmaker, anticipating this tactic, gathered nearly twenty (20) other character statements for the CDT that completely contradicted the PMS’ statements. Shewmaker & Shewmaker also provided substantial evidence that proved that the PMS was acting out of spite and that the girlfriend was lying to her parents and law enforcement about the CDT.
Military law
Florida A&M University, Naval Reserve Officers Training Corps (NROTC) Disenrollmet (Order Violations).
Aug 21, 2019
OUTCOME: Midshipman not required to pay back any money.
Midshipman joined the NROTC program with the hopes of becoming a Marine Officer. Marine excelled in school and exceeded all Naval physical requirements. Eventually, however, Midshipman suffers an inju...ry that requires him to take a break from the program. During the break, Midshipman becomes depressed and begins to seek mental health treatment. The treatment fails to remedy Midshipman’s depression, Sadly, Midshipman attempts to take his own life. Eventually, Midshipman returns to NROTC and again suffers a suicidal ideation. NROTC then moves to disenroll Midshipman from the program and require him to pay back all of his educational assistance exceeding $50,000. Midshipman retains a lawyer from Shewmaker and Shewmaker to contest the fees. Shewmaker and Shewmaker then gathers all of the Midshipman’s medical records, interviews his doctors, supervisors and colleagues. Shewmaker and Shewmaker drafts and submits a brief and attaches to it all the evidence supporting their argument that Midshipman was an outstanding candidate and should not be required to pay back money for a mental health condition beyond his control.
Sex crime
Coast Guard, Alameda, California (Sexual Assault).
Aug 08, 2019
OUTCOME: Charges withdrawn. No jailtime. No sex offender registration.
Junior officer is accused of sexually assaulting a female cadet from the Coast Guard Academy. Allegations state that our client sexually assaulted a female cadet while she was drunk and not willing to... consent. Shewmaker & Shewmaker file motions seeking to admit evidence that the accuser had a boyfriend at the time of the incident, fabricated her story to protect that relationship, and changed her story on numerous occasions. After a thorough investigation, Shewmaker & Shewmaker find video evidence that the morning after the alleged assault, the accuser went fishing with our client, drank beer with our client, and spent the entire day with him. After the release of this evidence, the Government agreed to drop all sexual assault charges and withdraw those specifications.
