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irisblue

(33,019 posts)
Thu Apr 18, 2024, 05:56 PM Apr 18

Leading Petty Officer David Elizalde, active duty, was convicted of a J6 misdemeanor. Worried about his pension



Also fuck that guy


source-https://www.wusa9.com/article/news/national/capitol-riots/active-duty-sailor-convicted-in-capitol-riot-says-probation-would-be-fatal-to-his-navy-career-david-elizalde-navy-uss-harry-truman/65-4fafc617-97dc-4f85-b3fd-61a8e3fdeed0#:~:text=Leading%20Petty%20Officer%20David%20Elizalde%2C%2046%2C%20was%20convicted%20in%20a,picketing%20in%20a%20Capitol%20building


Title-Leading Petty Officer David Elizalde, 46, was stationed on the USS Harry S. Truman on Jan. 6, 2021, when he unlawfully entered the U.S. Capitol.



snip-WASHINGTON — An active-duty Navy aircraft mechanic convicted in connection with the Jan. 6 Capitol riot is asking a judge not to sentence him to probation – saying it would likely mean the end of his military career.

Leading Petty Officer David Elizalde, 46, was convicted in a bench trial last year of one misdemeanor count of parading, demonstrating or picketing in a Capitol building. Federal prosecutors are seeking three years of probation, along with 30 days of intermittent confinement, saying he furthered the riot at the Capitol “despite his sworn obligation to defend the nation and the Constitution as an active-duty member of the armed forces of the United States.”


much more there and I need tums.



A question, I looked at the Uniform Code of Military Justice, and I am not smart enough to understand, will this mofo be court martialed?
19 replies = new reply since forum marked as read
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Leading Petty Officer David Elizalde, active duty, was convicted of a J6 misdemeanor. Worried about his pension (Original Post) irisblue Apr 18 OP
Misdemeanor charge - that was a gift FakeNoose Apr 18 #1
He doesn't IMO irisblue Apr 18 #4
You only lose your pension if you get a felony. jimfields33 Apr 18 #9
Damn it. Thank you for the reply irisblue Apr 18 #10
I'm a black cloud. lol. jimfields33 Apr 18 #11
I am glad...not a felony right? Demsrule86 Apr 20 #15
Were you reading a different article? Ms. Toad Apr 20 #19
I would not want him to lose his pension...he wasn't beating on the police if Demsrule86 Apr 20 #14
FAFO, right, pal? Dumbass. CurtEastPoint Apr 18 #2
No lie. irisblue Apr 18 #3
Yes, he should be courts-martialed haele Apr 18 #5
He must have enlisted when he was 29 Kaleva Apr 18 #12
He broke his oath. He should have thought about Emile Apr 18 #6
I hope he loses his pension biggly for trying to overthrow the government he was " supposed" to be serving kimbutgar Apr 18 #7
Repukes are all for "law and order" Diamond_Dog Apr 18 #8
Sailor Worried About Career Convinces Judge to Avoid Jail, Probation for Jan. 6 Riot Participation Eugene Apr 20 #13
if you... myohmy2 Apr 20 #16
Another post says he's a 1st Class PO, an E-6. pfitz59 Apr 20 #17
I don't see anything in the article about his pension. Ms. Toad Apr 20 #18

Ms. Toad

(34,086 posts)
19. Were you reading a different article?
Sat Apr 20, 2024, 11:36 AM
Apr 20

The one you linked to is only about separation from service, not losing his pension.

Demsrule86

(68,643 posts)
14. I would not want him to lose his pension...he wasn't beating on the police if
Sat Apr 20, 2024, 11:17 AM
Apr 20

the charges are correct.

haele

(12,673 posts)
5. Yes, he should be courts-martialed
Thu Apr 18, 2024, 06:16 PM
Apr 18

Last edited Thu Apr 18, 2024, 06:48 PM - Edit history (1)

His chain of command is extremely lenient just to give him NJP. It wasn't a peaceful protest that turned a bit rowdy; people died, mortal threats were made, official proceedings were affected, and government property was damaged.
Cry some more, useless traitor mop-bucket. The absolute only way I would have let him slide with an NJP if he was in my division was if he had left as soon as the tear gas started and the barricades were breached. And that he could prove he left.
He's allowed his free speech gathering, no matter how distasteful or disrespectful it might seem. But once boots start flying and fists start swinging, it's no longer protected and risks falling under Article 116. And Article 134, which is a catch-all that includes Unlawful Entry. If he participated in violence that impacts lawful government activity, that raises it into Article 94, Mutiny and Sedition.
Yah, I'm wondering about the Command structure on the Truman.
On edit, they may be waiting to see how the civilian trial may go. That gives them evidence of the severity of the charges involved. That's what I'm hoping.
And Leading Petty Officer? Leading PO is not a rank, it's a work center position, like shift supervisor; means nothing to anything in the Navy other than an org chart. LPOs are typically anything from a chronically busted to E-4 to an E-6. But in his 40's, he should be an E-7, a Chief Petty Officer.

Haele

Kaleva

(36,328 posts)
12. He must have enlisted when he was 29
Thu Apr 18, 2024, 08:44 PM
Apr 18

And it's not all that unusual for someone with 17 years service to be a PO1. Especially if he's had a couple of reductions in rank in his career

kimbutgar

(21,177 posts)
7. I hope he loses his pension biggly for trying to overthrow the government he was " supposed" to be serving
Thu Apr 18, 2024, 06:20 PM
Apr 18

And defying the oath he took to protect and defend the US!

You lose sir, lose your pension!

Eugene

(61,938 posts)
13. Sailor Worried About Career Convinces Judge to Avoid Jail, Probation for Jan. 6 Riot Participation
Sat Apr 20, 2024, 11:13 AM
Apr 20
Sailor Worried About Career Convinces Judge to Avoid Jail, Probation for Jan. 6 Riot Participation (Military.com)

A Navy sailor who was convicted on a charge stemming from his participation in the Capitol riot on Jan. 6, 2021, has managed to avoid jail time or probation after a judge sentenced him to 30 days of home detention and a $2,500 fine.

Petty Officer 1st Class David Elizalde argued in a sentencing memo that a probation sentence would have been "fatal" to his Navy career, which he wanted to salvage despite being convicted of one charge of violent entry and disorderly conduct on the Capitol grounds when a violent mob stormed the building hoping to overturn the 2020 presidential election.


https://www.military.com/daily-news/2024/04/19/sailor-worried-about-career-convinces-judge-avoid-jail-probation-jan-6-riot-participation.html

myohmy2

(3,173 posts)
16. if you...
Sat Apr 20, 2024, 11:20 AM
Apr 20

participate in an over-throw of a government do you then deserve a pension from that government??

...I would hope not...

...

pfitz59

(10,388 posts)
17. Another post says he's a 1st Class PO, an E-6.
Sat Apr 20, 2024, 11:23 AM
Apr 20

If he's a re-tread with broken service, he might retire at a higher rank. We had an AZ1 who had previously been an ADCS aircrewman. Came back in after a 10-year break to get his pension and Tricare for Life.

Ms. Toad

(34,086 posts)
18. I don't see anything in the article about his pension.
Sat Apr 20, 2024, 11:33 AM
Apr 20

All it discusses is his concern that he will no longer be able to serve in the military.

As far as I'm concerned, that should be a foregone conclusion.

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