Third quarter courts martial summary Published Oct. 17, 2008 By 43rd Airlift Wing Legal Office POPE AIR FORCE BASE, N.C. -- The following is a summary of courts martial convened at Pope during the third quarter, 2008. Under the Uniform Code of Military Justice, the accused has the right to choose whether a panel of officers (an enlisted accused can request one-third of the panel be enlisted) or a military judge will determine whether or not he/she is guilty, and if guilty, what the appropriate punishment would be. Staff Sgt. Phillip Benson, 43rd Aeromedical Evacuation Squadron, was recently tried, convicted and sentenced at a General Court Martial for dereliction of duty and larceny. Sergeant Benson stole multiple military items from his deployed locations in Iraq and Southwest Asia, to include a pair of night vision goggles. Sergeant Benson also failed to return 288 rounds of unspent blank 5.56 ammunition to 743rd Aircraft Maintenance Squadron following a training exercise. The General Court Martial was a two-day trial that convened July 21. Sergeant Benson elected to be tried by military judge alone and pled guilty to the charges against him. After questioning by the judge and witness testimony, Sergeant Benson was found guilty of the charges he pled guilty to and was sentenced to reduction in grade to E-1 (Airman Basic), forfeiture of $500 per month for six months, and six months confinement. Following the announcement of the sentence, he was detained and escorted to a confinement facility. Sergeant Benson was represented by Capt. Andrew Unsicker, Wright-Patterson Air Force Base, Ohio, and Capt. Jeffery Green, Langley AFB, Va. The government was represented by Capt. Matthew Bush and Capt. James Dorman, Pope AFB. Lt. Col. Terry O'Brien, Charleston AFB, S.C., was the military judge. One day prior to a 43rd Security Forces Squadron deployment in April of 2008, Airman 1st Class Dustin Wert, 43rd Security Forces Squadron and Airman Brittney Wert, 43rd AES, packed some of their personal belongings into the 2008 Mitsubishi Lancer that Airman Wert was in the process of purchasing from a local dealership and left the Fayetteville area. Eleven days after leaving the area, the Air Force Office of Special Investigations apprehended the couple in Hastings, Iowa and transported them back to Pope. At that time, they were separated and placed in pretrial confinement until their respective court dates. On April 6, Airman Brittney Wert was tried at a General Court Martial for conspiracy to miss a movement and desertion. Airman Wert chose to be tried by military judge alone and pled guilty to the conspiracy charge and to the lesser included offense of desertion, which was absence without leave terminated by apprehension. After questioning by the judge and witness testimony, Airman Wert was found guilty of the charges she pled guilty to and was sentenced to reduction in grade to E-1 (Airman Basic), 135 days confinement, and a bad conduct discharge. Following the announcement of her sentence, Airman Wert was detained and escorted to a confinement facility. She was represented by Capt. Jeffrey Green, Langley AFB, and Capt. Nicole Navin, Langley AFB. The government was represented by Capt. Kevin Catron, Bolling AFB, Washington, D.C., and Capt. James Allen, Pope AFB. Col. Stephen Woody, Bolling AFB, Washington D.C., was the military judge. At a subsequent General Court-Martial, Airman Dustin Wert was charged with desertion with the intent to shirk important service, missing movement and larceny of the 2008 Mitsubishi Lancer. This was a three-day trial that convened Sept. 15. Airman Wert elected to have his case heard by a court-martial panel consisting of officer members and pled guilty to the desertion and missing movement charges. After reviewing the documentary evidence and hearing witness testimony, the panel found Airman Wert guilty of desertion, missing movement and wrongful appropriation of the 2008 Mitsubishi Lancer. Airman Wert was sentenced to reduction in grade to E-1 (Airman Basic), 24 months confinement, and a dishonorable discharge. Following the announcement of his sentence, he was detained and escorted to a confinement facility. Airman Wert was represented by Maj. Marc Koblentz, Hurlburt Field, Fla., and Capt. Joseph Pera, Pope AFB. The government was represented by Capt. Roberto Ramirez, Bolling AFB, Washington, D.C., and Capt. Mitchell Howie, Pope AFB. Maj. Paula McCarron, Bolling AFB, Washington, D.C., was the military judge. Airman Patrick Blair, 43rd Civil Engineer Squadron, was recently tried, convicted and sentenced by a Special Court Martial. He was charged with failing to obey a lawful order and wrongful appropriation of a 2007 Chevy Cobalt. While a fellow Airman was deployed, Airman Blair took the Airman's 2007 Chevy Cobalt without permission and drove it to visit his sister in Ohio. While in Ohio, Airman Blair wrecked and totaled the 2007 Chevy Cobalt. The Special Court Martial was a two-day trial that convened Sept. 24. Airman Blair elected to be tried by military judge alone and pled guilty to failing to obey a lawful order. After reviewing the documentary evidence and hearing witness testimony, Airman Blair was found guilty of failing to obey a lawful order and wrongful appropriation of a motor vehicle. The military judge sentenced Airman Blair to reduction in grade to E-1 (Airman Basic), 60 days hard labor without confinement, 60 days confinement, and a bad conduct discharge. Following the announcement of the sentence, he was detained and escorted to a confinement facility. Airman Blair was represented by Capt. Joseph Pera, Pope AFB. The government was represented by Capt. Matthew Bush and Capt. Mitchell Howie, Pope AFB, Lt. Col. Terry O'Brien, Charleston AFB, was the military judge. (Courtesy of 43rd Airlift Wing legal office)