Lawyer: Army reneged on Eisenhauer plea deal in PTSD shooting case

Fayetteville Observer ^ | September 11, 2014 | Greg Barnes

[huldah1776]

The parents of Fort Bragg Staff Sgt. Joshua Eisenhauer have been fighting for the Army to take jurisdiction of their son's case since he was charged in January 2012 with shooting at civilian police and firefighters from his Fayetteville apartment.

Now, Eisenhauer's parents say, the Army is leaving their son behind.

Fort Bragg has set a Sept. 17 hearing to push Eisenhauer out of the Army, and the Cumberland County District Attorney's Office has given him a March 16 trial date. If convicted, Eisenhauer could spend the rest of his life in prison.

Eisenhauer's lawyer, Todd Conormon, said he thought he had worked out an agreement with Fort Bragg's Judge Advocate's Office to transfer jurisdiction of the case from civilian court in Cumberland County to the Army.

The county's chief prosecutor, Billy West, confirmed that such an agreement had been reached.

"The military did agree to criminally prosecute him, and we agreed to basically transfer jurisdiction," West said. "They have now declined to prosecute the case."

[huldah1776]

Where do I start???? How about FORT HOOD? What is going on here? This Staff Sgt did NOT shoot anyone and the Army throws him under the tank? I'm trying to break the habit of using expletives so fill in the blanks for me.

The guy had been trying to get help, didn't, had a flashback, got himself shot 4 times, and now according to his lawyer, the original agreement was with a general who has been deployed and the "replacement" is throwing the SSgt under the tank.

Plus, the head of FT Bragg's medical center was fired for loss of confidence (boy do I wish we could do that with the executive branch) one week after recommending the SSgt be given a less-than-honorable discharge.

[samtheman]

It sounds like there are many guilty parties in the crime against this soldier.

[DJ Taylor]

Here’s some 2012 reporting on this incident:

https://themilitarysuicidereport.wordpress.com/tag/staff-sgt-joshua-eisenhauer/

[Gay State Conservative]

I recently had an unpleasant series of encounters with a Navy JAG officer stationed at a Navy facility not too far from me.I wasn't the accused or anything...but this officer,it would seem,is violating both my Constitutional rights as well as just about military member (Navy or Marines) who happens to be court martial ed there.This office,I believe,specifically lied to me

As a result of this I have no trouble believing that this JAG office is guilty of breathtaking misconduct.

[huldah1776]

Thank you DJ. The site is amazing and his story is horrifying. I can’t imagine...

[huldah1776]

Is there no place to report the misconduct or gather others who have been denied their rights to file a complaint or lawsuit? Is it like the DOJ with supreme power?

[antidisestablishment]

The military does not pursue a courts martial unless they know they will get a conviction. Generally, the only part up for review is the punishment. There are completely different standards for conviction, starting with a “reasonable” judgment, rather than a conviction based upon “beyond reasonable doubt.”

May not sound like much, but it’s a huge gulf. And review is even less stringent. Not a bad idea when you are dealing with traitors and terrorists, but hard on petty offenders or innocent defendants

[caveat emptor]

Staff Sgt. Joshua Eisenhauer is a U.S. Army soldier who suffered severe and debilitating wounds while serving in Afghanistan. Joshua now suffers from Post Traumatic Stress Disorder (PTSD) as a direct result of those injuries and his combat experiences in Afghanistan. Link to FR post.

While Nidal Malik Hasan's business card left in his apartment describes him as a psychiatrist specializing in Behavioral Health – Mental Health – Life Skills, and contains the acronyms SoA(SWT).[55][56][57] According to investigators, the acronym "SoA" is commonly used on jihadist websites as an acronym for "Soldier of Allah" or "Servant of Allah", and SWT is commonly used by Muslims to mean "subhanahu wa ta'ala" (Glory to God).[49][49][58]

[huldah1776]

I know there are groups who help soldiers legally who are suffering from PTS or TBI but your post reminded me of soldiers who are already stuck in jail.

I also meant to go back and be sure that everyone got the disconnect between the SSgt and the terrorist.

[huldah1776]

Doing more research. His mom has sent out an SOS that on Sept 17th he will be separated from the Army. He needs help.

http://saveoursoldiers.org/

Also, watched a video on utube.

http://www.youtube.com/watch?v=GXUyRX1rmJM&feature=youtu.be

[caveat emptor]

I also meant to go back and be sure that everyone got the disconnect between the SSgt and the terrorist.

Thanks for raising the issue - got me curious and I filled in some details.

One needs to keep a comment relatively brief or people won't bother reading it.

I decided to leave this out about Husan, trying not to go on too much.

Hasan was to be deployed to Afghanistan, contrary to earlier reports that he was to go to Iraq,[85] on November 28. Prior to the incident, Hasan told a local store owner that he was stressed about his imminent deployment to Afghanistan since he might have to fight or kill fellow Muslims

Or maybe he just didn't want to go into combat.

[huldah1776]

I had read that, too. After reading about courts marshall posted above (#6) I realized that the SSgt won’t be, but still, he needs to have health benefits.

Especially with the socialist obamacare system in place this guy needs the best care available and by those who know about his experiences. The meds he was on are horrific, too.