"VETERANS AND THE LAW: U.S. Supreme Court Takes On PTSD in Combat Veterans"
"In a unanimous decision, the U.S. Supreme Court confronted the issue of the overwhelming impact that post-traumatic stress disorder (PTSD) has on combat veterans. This decision sends a signal to courts, lawyers and the medical/legal community that PTSD cannot be ignored when veterans are tried and sentenced for violent crimes."
http://www.vetsfirst.org/supreme-court-takes-on-ptsd-in-combat-veterans/
Hope they can appeal.
So any vet has a Get Out of Jail Free card?
This guy had a history of crime and violence and tried to pull a gun on a cop before he ever enlisted. He’s had problems for a long time. Maybe he’s mentally ill or maybe he just responds the wrong way to tragedy in his life. But I wouldn’t call him a victim or tragic figure.
Tragedy, grief and regret can lead you down some mighty dark roads.
The author answers, “Mad at his former girlfriend and probably drunk,...”. The he asks, “Maybe it was the speed, or the fog, or the road construction.”
He was drinking, driving, and mad. It’s a familiar refrain with or without PTSD.
I do not follow you here. Are you saying he should be treated differently because he allegedly suffered from PTSD? I do not see how he was treated poorly.
First of all, if you drive wildly, especially while drunk, what ensues is not tragic but inevitable, sad though it may be. Second, he already had a propensity for this type of behavior before the war, so I do not think you can blame PTSD. It may have exacerbated the situation but I do not think PTSD is the cause. (are you saying he had PTSD from his brother’s accident? If so, can any bereaved person get a free pass for acts committed while grieving or only vets? How long may one’s grief last?) Third, if he wasn’t responsible for his actions he should be institutionalized or at the very least removed from situations where he can cause harm. Drinking and driving should be forbidden. If he is caught doing either, he should be locked up. But if you start doing this to PTSD victims then there will be a long line of vets locked up. If you are responsible for your actions, then you accept the punishment.
I’ll concede that PTSD is real and debilitating, but so is alcoholism and drug addiction for some. I do not think a free ride should be offered in those cases or this one. This person should never have been allowed in the military. The idea of the Dirty Dozen is fallacious. True warriors are committed and disciplined. Those who are criminals prior to entering the service tend to maintain their career trajectory.
The loss of these lives is sad but we are the sum total of our choices. Society grows sentimental about the situations these choices leave us in and now wishes to absolve us of the responsibility of those choices.
Repeat after me: read the article then post. I withdraw my post.
What a sad story. He really needs help.
Anyone who shoots at firefighters should be executed. No defense. No excuse. Shooting at cops? These days I’m willing to listen to the facts.
SOS ~ Staff Sgt. Joshua Eisenhauer (Ike) Update September 6, 2015
Trying to be positive about Josh’s situation and unbearably long sentence through tears is difficult. Since many family, friends, soldiers and well-wishers have asked for an update, here it is:
Sentence
Josh’s sentences are posted online at the NC Department of Public Safety web-site, however, they appear to be mixed up with too many E’s listed, 7 when there are only supposed to be 6. Clerical error? New sentence adding time? Since we don’t know, this is on the list to check on this week. Current projected release date is 4/24/2026 on line with the 7 E’s …
Motion for Appropriate Relief and Legal
A motion for appropriate relief regarding the sentence and ability for NC DPS to provide Joshua with medical care for PTSD has been filed with the court in August. We’re waiting for a response to this and working with lawyers to determine what else can be done. Very complicated.
Where in NC is Josh?
Josh spent his birthday in mental health having a very bad day; but, Josh’s lawyer saw him at Central Prison on Thursday and said he was doing all right. They talked for two hours.
So as far as I know Josh is still at Central Prison being processed for where he will go in the NC prison system. While he could end up staying at Central, he could also end up going to any medium or maximum prison in the state that has some medical facilities as early as tomorrow.
At Central there are no phone calls.
Army
Again thank you to Col. Orendorff (Retired) for his testimony at the sentencing hearing, it takes a very brave man to say even as an opinion that the Army made a mistake. (DOD is the largest employer in the US/world) Plus thank you to #Drollinger for being a soldier on the front lines and explaining what war in the zone is really like and how Ike changed during their service together. Also thank you to the Army buddies who have been there through all of this for Ike, you know who you are, thank you for your service and for trying not to leave Ike behind.
As for the ARMY, no news. Just waiting for their next move … And yes, Staff Sgt. Joshua Eisenhauer is still active duty, not a veteran.
Supporters/Media
Currently Quakerhouse in Fayetteville is passing out information and flyers about Josh and has been helpful in recommending people who can assist with finding medical providers for PTSD.
Save our Soldiers continues to grow and we are looking at changing our web site to one that is not membership based which will be easier to maintain.
There are enquiries from media about Josh’s criminal case, Army status, family, etc. Next Sun. there will likely be an article in the Fayetteville Observer.
Closing
I am stuck on the projected release date of 4/24/2026. As far as we can tell this is without PTSD/TBI treatment. And after release there is probation to serve.
Do you think this is rehabilitative? Is this a just sentence? Who in the state of NC can explain why with the structured sentencing no one has been able to explain what consolidated means in terms of concurrent and consecutive? How did Josh end up with a sentence that after being consolidated for judgment ended up both with concurrent F’s and consecutive E’s?
Confused, crying and trying desperately to find a way for Josh to get the medical care he needs and to serve an appropriate amount of time and then be able to go home where people who love him will take care of him and help him take care of himself. Maybe with a service dog.
Josh’s Mom Dawn