Pope sergeant demoted, fined Published Feb. 26, 2007 POPE AIR FORCE BASE, N.C. -- Col. Timothy Zadalis, 43rd Airlift Wing Commander, convened a Special Court-Martial Jan. 31, in the case of United States vs. Tech. Sgt. Jerry Smith Jr. Sergeant Smith was charged with selling military property on multiple occasions and theft of military property on multiple occasions, in violation of the Uniform Code of Military Justice, Articles 108 and 121. Under the UCMJ, 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 guilt or innocence. If found guilty, the panel or the military judge will also determine an appropriate punishment. In this case, Sergeant Smith pled guilty to selling military property on multiple occasions and theft of military property on multiple occasions and chose to have his case heard by a military judge. After reviewing the documentary evidence, hearing the testimony of witnesses, and listening to sentencing arguments from both prosecution and defense, the military judge sentenced Sergeant Smith to reduction to E-3, $1,500 fine, six months confinement and an additional two months confinement if the fine is not paid, and a reprimand. Lance Sigmon, civilian defense counsel from Newton, N.C., and Capt. Andrew Stamper, area defense counsel from Seymour-Johnson AFB, N.C., represented Sergeant Smith. Capt. Nina Padalino, 43rd Airlift Wing legal office, represented the United States. Col. Stephen Woody, Bolling AFB, Washington D.C., was the military judge. (Courtesy of the 43rd Airlift Wing legal office)