NAVY SENIOR CHIEF GETS TWO YEARS IN PRISON
© 2017 MilitaryCorruption.com
It is rare for a military member to get two trials at court martial, but a senior chief based in San Diego got a second shot at "justice" thanks to the Navy-Marine Corps Court of Criminal Appeals in Washington.
After receiving an appeal from Jose D. Domingo's civilian attorney, the deliberative body decided the chief electrician's mate deserved to have his previous eight-year prison sentence tossed out because jurors in his first court martial failed to consider whether or not the sexual relations (with his niece) was "consensual." The career Navy man had steadfastly maintained any sexual contact he had with the adult woman was unforced at all times.
A LESSER PRISON TERM, BUT
While he had six years shaved off the prison term, the results of the new trial busted Domingo from E-8 to E-1, handed him a dishonorable discharge, and puts him behind bars for two years. HIs life is still ruined.
MilitaryCorruption.com has learned the successful appeal for a new court-martial was based upon a serious error by the military judge in that proceeding. He was found in the initial trial to have not advised jurors to take under consideration if the sexual relations were at times "consensual." The niece had earlier testified some sexual acts were agreed to.
Domingo served aboard the San Diego-based amphibious warship Rushmore at the time of the incidents. His niece was a civilian living in the community. But wait until you read what she is doing now. The "victim" is presently a petty officer in the U.S. Navy!