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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27159
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have just recently viewed facebooks texts which involve two

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I have just recently viewed facebooks texts which involve two brothers one an army ranger sgt the other a civilian in which they discuss me being "ended" meaning killed by the civilian brother who seeks to gain his army brothers sympathy and cooperation. These texts took place from November 2012 to January 2013. At first the army brother resists this as escalation of a problem presented by the civilian brother but later in the texts he gives apparent obvious agreement to this solution to me being a problem and states "we need to take care of this problem" There is discussion of firearms in the posession of firearms available in the posession of the civilian brother.
The background is that the civilian brother endangered my life and 12 hours earlier had intentionally threatened endangered my 27 year old son by tricking us to get into vehicles and terrorizing us to the point of fear of our lives and endangering other motorists. This involves several crimes in this jurisdiciton which have been reported to local police. Date of this is November 2012 on two consecutive days just before thanksgiving weekend. Subsequent insurance claims were made to try to pay for counseling and medical costs. After the complaints were made available to the civilian brother the texts began to take place and are the "problem" taken as needing me to be ended. False allegations were made to the army brother to incite his concern by misleading him to the point that he apparently agrees with his brother that "we need to take care of the problem." I have spoken to FBI and local police since this time and they are examining jurisdiction issues and said the army would be interested in this. I have the greatest respect for the army brother but feel he should have at least warned me of this apparent plan proposed by his brother. Any suggestions.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, have you contacted the commander of the brother who is in the Army? If so what was the response?
Customer: replied 1 year ago.

no I have been intimidated by family to keep quiet and I am hesitant to harm the sgt even though he in my opinion had some duties to me to warn of the danger and to discourage his brother from harming me which he did not other than warning of escalation. I believe the texting is enough to show obvious agreement to harm me.

Expert:  P. Simmons replied 1 year ago.
What you describe is a crime under military law. And the military (specifically the commanding officer of the soldier in question) can prosecute the soldier.

They can NOT prosecute the civilian. YOu need FBI or local law enforcement to do that...but the Army can at least get the process started with prosecution of the soldier. What you describe is conspiracy to commit murder. It is a very serious crime

I understand you have reported this to the FBI and local law enforcement...they will determine what to do with the civilian. But were I you? I would report the soldier to their commander. You want to contact their battalion commander and make the report...or you can report this to Army CID here

http://www.cid.army.mil/reportacrime.html


Please let me know if you have more questions...happy to assist if I can
Customer: replied 1 year ago.

I have copied the texts mentioned and shown them to their mother. she is frantic and sleepless about me being a "vindictive bastard" I understand the natural tendancy to protect children but the family has made no apologies or admissions other than they believe my and my son's story but decline to face the fact that the civilian son is a criminal. now that the texts are available to me and shown I expect more retaliation. I am trying to be admitted to practice law in PA this fall. the army unit is 3d batalion rangers at ft benning.

Expert:  P. Simmons replied 1 year ago.
Sorry sir, not sure I understand your follow on question...
Customer: replied 1 year ago.

Mr Simmons thank you for your straight answer to my question. You join a unanimous opinion of retired military friends I have spoken to and shown the texts to. In consideration of my next action I find this to be a very hard question of what damage will this do to the career of a great soldier? What good will it do me? What damage to the family. However on balance I have not been treated with respect or honesty by this family and there has been great harm to me and my son. I had to stop working at a law office because of the turmoil and depression and anxiety experienced by me and my son. My employer was told this story and I agreed I should take time away I am still not back at work nor is my son. I am told by the mother that it could effect my career in law if I tell this story to the military, meaning they will retaliate. Any case law on this for me to read would be appreciated I have access to westlaw. Is there any provision in military law for remedy of damages in a case such as this?


 

Expert:  P. Simmons replied 1 year ago.
Damage to you? That would have to come from the FTCA (Federal Tort Claims Act)...and good luck with that. As an aspiring attorney I assume you are familiar with sovereign immunity. The US assets it, and requires prospective plaintiffs to use the FTCA to bring a tort claim.

The problem you have under the FTCA is

1. They do not, generally, allow punitive damages

2. You have to "prove up" damages...so you have to prove how the tort committed by the government has harmed you

and (most significant)

3. The FTCA exempts, among other things, intentional torts and claims based upon the performance, or failure to perform a "discretionary function or duty". This is the most often cited exemption to the FTCA. So in the case in question, if the official responsible for your damages was exercising a discretionary function or duty, the US is exempt from damages.

So I think that you would have a tough time actually filing lawsuit against the Army for this. The underlying misconduct was a crime, but was an intentional crime so you can not sue the Army for it. Then, if your argument is that they are not prosecuting the criminal? That is a discretionary function so you can not sue.

BotXXXXX XXXXXne: It is unlikely you can sue and win over this.


I am very sorry to have to bear bad news.
Customer: replied 1 year ago.

Thank you for your answer. I will take it into account. My natural instinct is to do nothing further regarding this matter to negatively effect the soldier. He is a highly decorated warrior and it is against my conscience to harm his career. Perhaps I would be thanked someday. No remedy is available to me so what is the point? In a perfect world people would tell the truth and make amends. I am willing to take one on the jaw for this man. FYI I am totally disabled and was paralyzed by a drunk driver and it really hurts to be treated this way but I believe life is good and want to think about other things such as helping others I will attempt to reach some settlement of this matter with the family. Wish me the best. My compliments and thanks to you.


Jerry Stephens JD

Expert:  P. Simmons replied 1 year ago.
Best of luck sir

Phil

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27159
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.