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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLeading 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?
FakeNoose
(32,722 posts)I hope he shows his gratitude, and I hope he deserves it.
irisblue
(33,019 posts)jimfields33
(15,933 posts)irisblue
(33,019 posts)jimfields33
(15,933 posts)Demsrule86
(68,643 posts)Ms. Toad
(34,086 posts)The one you linked to is only about separation from service, not losing his pension.
Demsrule86
(68,643 posts)the charges are correct.
CurtEastPoint
(18,656 posts)irisblue
(33,019 posts)haele
(12,673 posts)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)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
Emile
(22,882 posts)that before becoming a traitor.
kimbutgar
(21,177 posts)And defying the oath he took to protect and defend the US!
You lose sir, lose your pension!
Diamond_Dog
(32,046 posts)Except for themselves.
Eugene
(61,938 posts)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)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)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)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.