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"Hero" soldier arrested for desertion Other Criminal Charges & Offenses

Discussion in 'Criminal Charges' started by army judge, Oct 6, 2019.

  1. army judge

    army judge Law Topic Starter Super Moderator

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    Jurisdiction:
    US Federal Law
    herosoluja.jpg

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    BELL COUNTY, TX — The soldier with Killeen ties who saved children during the El Paso Walmart Soldier with Killeen ties saves children in El Paso Walmart shooting shooting on Aug. 3 has been arrested.

    Harker Heights police said Glendon Oakley Jr. was arrested for a warrant on military desertion on Thursday.

    Fort Hood is going to pick him up at the Bell County Jail and Fort Bliss will handle it from there.

    After the shooting, Oakley was awarded the Army Commendation Medal for his bravery.

    He grew up in Killeen and was hailed a hero throughout the nation.

    The mugshot provided by the Bell County Jail is from 2014.

    Copyright 2019 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


    Soldier who saved children during El Paso shooting arrested for military desertion
     
  2. Tax Counsel

    Tax Counsel Active Member

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    His desertion, if indeed he is guilty of that, in no way diminishes the heroism he showed in saving the kid's lives during that shooting. Who can say what troubles he may have had that prompted him to walk away from the army? I'll not judge him without knowing the entire story of what happened.
     
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  3. flyingron

    flyingron Active Member

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    He was arrested on a desertion warrant, but it could be just or being absent without leave, not desertion. Desertion requires that they either show intent that he wasn't going to return to his unit, or does so to shirk important service or hazardous duty.
     
  4. army judge

    army judge Law Topic Starter Super Moderator

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    Desertion is charged after the soldier has absented himself/herself from the unit for over 30 days.

    A desertion charge doesn't mean the soldier will be tried for desertion, as the actual charge is up to the commanding officer and/or the General Officer who actually prefers charges.

    The reason the soldier must be absent for over 30 days is so the army can inform the civilian authorities via NCIC, which allows civilian law enforcement personnel to "hold" the soldier until the nearest military police can pick up the individual and return the soldier to the base where the soldier is assigned.

    Desertion is dealt with more aggressively during war time, because if it weren't, many service members would absent themselves from their unit to avoid being forward deployed.

    If it were during war time operations, missing shipment or movement is often also charged, upping the ante at trial.

    As regards the soldier referenced above, El Paso PD were unable to confirm the person did the things he alleged he did.

    In mid-September, El Paso Police Department officials said in a statement carried by local media that they had no independent confirmation of Oakley’s actions after reviewing surveillance footage from the scene of the shooting.


    El Paso police question second El Paso shooting heroism story

    EL PASO, Texas (KFOX14) — Police are disputing a second story of heroism during the Aug 3. mass shooting.

    The day after the shooting, a Fort Bliss soldier, Pfc. Glendon Oakley, told a very emotional story about allegedly carrying children out of the Cielo Vista Mall, located next to the Walmart.

    Since his story was told, no one has been able to verify if it’s true.

    KFOX14 asked police if surveillance footage from the mall showed Oakley carrying children out.

    Police said that all surveillance footage is being used for the shooter’s trial, therefore cannot be released. They said they are not discounting his story, but can’t verify it.

    Adding in a statement:

    “We have no independent confirmation of that. All we can say is that there were reports of possible multiple shooters and a possible shooter at the mall. That was based on initial erroneous reports amidst the chaos. It was later confirmed that there was only one shooter and there was no one in danger at the mall. We have no independent reports of anyone’s actions at the mall.”

    PFC Oakley wasn't the only "hero" whose exploits couldn't be verified or corroborated.

    chrisgrantELPheroNOT.png
    Chris Grant is seen in a hospital bed.


    Police dispute El Pasoan's story of heroism during Walmart shooting


    arcomoakley.jpg
    The army awarded the soldier with the ARCOM, which might lead to additional legal difficulties for the person.
    =========================================
    El Paso police question second El Paso shooting heroism story

    Soldier praised as hero during El Paso shooting arrested after going AWOL

    <iframe width='640' height='360' src='http://sinclairstoryline.com/resour...de2c4e2694ee58af16a3de47.m3u8&autostart=false' /></iframe>
     
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  5. leslie82

    leslie82 Well-Known Member

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    There's just really no excuse for people who go AWOL anymore. There are countless agencies to help. Even if they have toxic leadership. He'll probably get chaptered out.
     
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  6. army judge

    army judge Law Topic Starter Super Moderator

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    I agree

    The army has resources for soldiers with issues to avoid anyone breaking the rules or running
    afoul of the UCMJ.
     
  7. leslie82

    leslie82 Well-Known Member

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    Plus they are kicking out people for stuff they didn't during the Iraq surge when they had all the moral waivers, etc. But then again there is a retention issue so possible he gets another chance. Depends on why he left. I'd say most likely he gets kicked out.
     
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  8. army judge

    army judge Law Topic Starter Super Moderator

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    You're right again.

    I know a CO who has been chaptering a soldier for a year.

    He is required to report in daily, usually by a phone call.

    He's still getting full pay and bennies.

    The 3 star is focused on keeping body count high, as long as it breathes, he's inclined to keep 'em.

    The unit is deploying, the malingerer will be assigned to the "rear D" for headcount purposes.

    My friend suspects dude will still be waiting when his unit returns next November!
     
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  9. Disabled Vet

    Disabled Vet Active Member

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    We use to help make them leave.... By keeping them warm under the blanket. :)
     
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