United States v. Ransom

56 M.J. 861, 2002 CCA LEXIS 83, 2002 WL 648961
CourtArmy Court of Criminal Appeals
DecidedApril 22, 2002
DocketARMY 9800994
StatusPublished
Cited by3 cases

This text of 56 M.J. 861 (United States v. Ransom) is published on Counsel Stack Legal Research, covering Army Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ransom, 56 M.J. 861, 2002 CCA LEXIS 83, 2002 WL 648961 (acca 2002).

Opinion

OPINION OF THE COURT

CAIRNS, Senior Judge:

At a fully contested general court-martial, officer and enlisted members convicted the appellant of attempted kidnapping, rape (three specifications), forcible sodomy (three specifications), assault with a dangerous weapon, assault consummated by a battery (two specifications), adultery, communicating a threat, and kidnapping in violation of Articles 80, 120,125, 128, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 880, 920, 925, 928, and 934 [hereinafter UCMJ]. The convening authority approved the adjudged sentence of a dishonorable discharge, forfeiture of all pay and allowances, reduction to Private El, and confinement for life. The appellant was credited with 271 days of con[862]*862finement against the sentence to confinement.

In this Article 66, UCMJ, 10 U.S.C. § 866, appeal, the appellant assigns four errors, the following three of which we address in our opinion below: (1) that the findings of guilty are legally and factually insufficient;1 (2) that the military judge erred in prohibiting any mention of the coactor’s sentence; and (3) that the sentence which includes confinement for life is inappropriately severe for this appellant. Finding no errors materially prejudicial to the appellant’s substantial rights, and finding no merit to the assigned errors, we affirm the findings and sentence.

Facts

Exercising our Article 66(c), UCMJ, fact-finding powers, we find the following facts. On the evening of 17 October 1997, the appellant and his friend, Specialist (SPC) Benton, consumed beer and drove around the community adjacent to Fort Lewis, Washington, looking for girls. Specialist Benton drove the appellant’s car. During the course of the evening, the appellant consumed about five cans of beer, and at some point in time, he vomited.

At about 2220 hours that evening, a sixteen-year-old girl named AM was walking home along Pacific Highway in Tacoma, Washington, after buying some orange juice at a convenience store. Either the appellant or SPC Benton yelled something at AM as they drove by her, but she put her head down and continued walking. Specialist Benton turned the car around, drove past AM, and came to a stop on the side of the road in front of her. The appellant, who was the passenger, exited the car, walked toward AM, and asked her if she wanted a ride. When she replied that she did not, the appellant stated, “Yeah, you are.” He grabbed her sweater and tried to put her in a headlock, but his arm slipped over her head. Remembering a defensive move she had seen on television, AM freed herself from the appellant by extending her arms straight out, ducking her head and torso down, and allowing herself to slip out of her sweater. Wearing only a bra and her shorts, AM ran out into oncoming traffic and flagged down a motorist for assistance. The appellant and SPC Benton departed the area.

Later that evening, SPC Benton and the appellant drove by a home occupied by SPC VT. Specialist VT’s girlfriend, Private First Class (PFC) GR, and her cousin, CM, an out-of-town guest, were standing in the driveway of SPC VT’s house having a discussion. While they were talking, the appellant got out of his car carrying a gun. He pointed the gun at CM, grabbed her neck, pushed her head down, and pulled her toward the car. When PFC GR tried to stop the appellant, he hit her above her right eye with the gun, causing a gash that later required six stitches to close. The appellant pushed CM into the back seat of the car, got in beside her, and SPC Benton drove them away.

When CM asked the men who they were and “what was going on,” the appellant told her to “shut up,” and SPC Benton told her he was “Makaveli.” The appellant ordered CM to remove her clothes. When she said “No, I’m cold,” the appellant pointed his loaded handgun at her head and said, “[T]ake your clothes off or I’ll kill you.” He then told her to perform fellatio on him and pushed her head down to his penis. The appellant then forced CM to take his penis into her mouth and made her gag. After-wards, the appellant ordered CM to lie down on the back seat, and he engaged in sexual intercourse with her by force and without her consent. CM was “really scared” because the appellant had a gun and threatened to kill her.

After having raped CM, the appellant told SPC Benton to find a dead end because he was worried that someone was following them. Specialist Benton pulled over near a tree line, and they all got out of the car. Wearing only her bra and socks, CM repeatedly asked if she could have her sandals. The appellant finally threw CM’s sandals at her, and then pulled her by her hair to a barbed wire fence near the wood line. The [863]*863appellant held the fence open for CM, but her hair became caught in the barbed wire.

After they went through the fence, they all proceeded into the woods. Once in the woods, the appellant ordered CM to kneel down and perform fellatio on SPC Benton. Terrified, and not seeing an opportunity for escape, CM complied. Then the appellant told SPC Benton to go back and move the car so that nobody could see it. Specialist Benton returned to the car, but instead of just moving it, he drove off. After SPC Benton left the woods, the appellant told CM to lie on her stomach, and he raped her again. They then walked back to the location where the car had been parked and waited for SPC Benton to return. While they were waiting, the appellant gave CM his sweat shirt to wear because it was cold and she was trying to cover herself. The appellant told CM that if she said anything about what had happened, that he knew where her friends lived, and he would kill them.

After waiting for about thirty minutes, the appellant and CM started walking toward the area where CM had been kidnapped. While they were walking, the appellant asked CM questions and CM asked the appellant why they had picked her. The appellant told her that they had driven around the block five times, and she and her cousin had been standing outside each time, “so they just decided to take [her].” The appellant also said that he had done this once before.

As they were walking, the appellant told CM, “I want to do it again.” He took her into the wood line and again forced her to perform fellatio on him, and then raped her for a third time. While he was raping her, the appellant asked CM what she would do if she got pregnant. She said that she did not believe in abortion, and the appellant told her to “keep it” and to “[t]each them [sic] right from wrong, not like [he] was taught.” CM said that the appellant ejaculated because she could “feel it running ... down [her] leg.”2

When the appellant finished raping CM for the third time, they walked for about thirty minutes until they reached a residential area. The appellant told CM that she could leave, and CM thanked the appellant for not killing her.

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Related

United States v. Sergeant First Class MICHAEL W. PLEASANT, JR.
71 M.J. 709 (Army Court of Criminal Appeals, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
56 M.J. 861, 2002 CCA LEXIS 83, 2002 WL 648961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ransom-acca-2002.