Jagman - Fall Ay2014

JAGMAN Exercise
Fall AY2014

I. Administrative Materials

1. JAGMAN Exercise Information

II. Investigative Materials

1. Commanding Officer, Transient Personnel Unit (TPU), Appointing Order of 23 Sep 2013

2. Message from TPU, Joint Base Pearl Harbor-Hickam dtd 16 Sep 2013

3. Rights Acknowledgement and Statement of YN3 Thomas Brady, USN, of 18 Sep 2013

4. JAGMAN Section 0212 Advisement for ITSN Martin Rivera, USN, of 18 Sep 2013

5. Rights Acknowledgement and Statement of ITSN Martin Rivera, USN, of 18 Sep 2013

6. JAGMAN Section 0212 Advisement for YN1 Robert Cano, USN, of 18 Sep 2013

7. Rights Acknowledgement and Summary of Interview with YN1 Robert Cano, USN, of
18 Sep 2013

8. Statement of YNC Freddie Freeman of 19 Sep 2013

9. Statement of MA1 Larry Jones, USN, of 18 Sep 2013

10. Tripler Army Medical Center (Summarized) Report of 16 Sep 2013

J AGMAN Exercise Information

Your group, as assigned during class, will be responsible for completing this assignment
together. Your team members, your instructor and the materials provided for this class will
be the only sources you may consult to complete this assignment. Do not discuss or show your
project to anyone other than your team members or instructor.

For the purposes of this project, assume that you have been temporarily assigned duty with the
Transient Personnel Unit (TPU) at Joint Base Pearl Harbor-Hickam while you await the return of
USS PORT ROYAL (CG 73), your permanent duty assignment. Within days of checking in, the
Commanding Officer tasks you with conducting a command investigation and provides you
with the attached file. The purpose of your report is to investigate the circumstances surrounding
the injuries sustained by YN1 Robert Cano and ITSN Martin Rivera.

You have until (date TBD by your instructor) to complete your report. While you should
include a list of all enclosures as a part of the proper JAG Manual format, you should not attach
the actual enclosures to your final report. Additionally, you may only staple your report; paper
clips/clamps will not suffice. Consult with your instructor as he or she may accept electronic
copies of your investigation.

You are urged to thoroughly read the relevant portions of Chapter 2 of the JAG Manual before
starting. Additionally, to supplement the course materials and investigative documents contained
in this exercise, you will find OPNAVINST 5370.2C (Navy Fraternization Policy) and various
articles of the Uniform Code of Military Justice posted on Blackboard; you are expected to
review these supplemental materials and reference the relevant portions appropriately in your
report.

The report must:

List and address any discrepancies that may appear in the evidence;

Document any relevant information you were unable to obtain;

Detail whether Article 31 rights and/or any other advisements/waivers were necessary
and used;

Address the cause of the injuries to YN1 Robert Cano and ITSN Martin Rivera;

Include line of duty determinations for YN1 Robert Cano and ITSN Martin Rivera;

Include recommendations for administrative and/or disciplinary action for YN1
Robert Cano, YN3 Thomas Brady, and ITSN Martin Rivera;

Include Findings of Fact that properly reference the supporting enclosures;

Include Opinions that properly reference the supporting Findings of Fact; and

List all references and enclosures relied upon in preparing your report in the exact order
they are first cited in your report.

In order to determine the type of investigation warranted, LTJG Joseph Torre, USN, conducted a
preliminary inquiry during which he compiled several relevant documents, obtained written
statements from most of the personnel involved and gathered hospital reports. These documents
are attached. Normally, as an investigating officer, you would be responsible for compiling all
necessary information used in your JAGMAN investigation. Realize that LTJG Torre only
conducted a preliminary inquiry, which may not contain all the evidence you need.

TRANSIENT PERSONNEL UNIT
JOINT BASE PEARL HARBOR-HICKAM
15 Division Road
Pearl Harbor, HI 98410-5100

23 Sep 13

From: Commanding Officer
To: NL400

Subj: COMMAND INVESTIGATION INTO THE INJURIES SUSTAINED BY YN1
ROBERT CANO, USN, AND ITSN MARTIN RIVERA, USN, ON OR ABOUT 16
SEPTEMBER 2013

Ref: (a) JAGINST 5800.7F (JAG Manual)
(b) UCMJ

1. Pursuant to chapter II of reference (a), you are hereby appointed to inquire into the facts and
circumstances surrounding the discharge of a M9 9mm firearm at the Joint Base Pearl Harbor-
Hickam small arms training range on 16 September 2013, resulting in injuries to YN1 Robert
Cano, USN, and ITSN Martin Rivera, USN.

2. Thoroughly investigate all circumstances surrounding the incident, resulting injuries and
damages and any fault, neglect, or responsibility appertaining to the incident. Report your
findings of fact, opinions and recommendations as to the cause or causes of the incident,
including any recommended administrative or disciplinary action for all personnel involved, in
accordance with reference (a) by a date to be determined by your instructor.

3. You are reminded that you must make line of duty determinations as appropriate.

4. Any personnel suspected of an offense must be advised of their rights under Article 31 of
reference (b) before being questioned.

5. You may seek legal advice from the Staff Judge Advocate (your instructor) during the course
of your investigation.

Jerry C. Lard
J. C. LARD

UNCLASSIFIED
IMMEDIATE
R 16000ZSEP13 ZYB
FM CO JOINT BASE PEARL HARBOR-HICKAM, TPU//
TO COMNAVREG HI//
INFO: NAVCRIMINVSERVOFF HI
BT
UNCLAS//
MSGID/GENADMIN/ TPU JBPHH//
SUBJ/THIS IS A GENERAL USE SERIOUS INJURY REPORT//
RMKS/1. SUMMARY: E-3 MALE AND E-6 MALE SERVICEMEMBERS (SMS)
SUSTAINED GUNSHOT WOUNDS WHILE PARTICIPATING IN THE AUXILIARY
SECURITY FORCE REFRESHER COURSE AT JBPHH SMALL ARMS TRAINING
RANGE. THE E-3 MALE SM WALKED AWAY FROM HIS ASSIGNED POSITION ON
THE FIRING LINE WITHOUT PERMISSION FROM THE COURSE INSTRUCTOR.
WHILE THE E-3 MALE SM WAS IN A SEATED POSITION, THE FIREARM
DISCHARGED AND THE ROUND ENTERED/EXITED HIS LOWER THIGH AND
STRUCK E-6 MALE SM IN THE RIGHT ANKLE.
1. MISHAP INFO:
A. PARENT COMMAND: TPU JBPHH
B. DATE/TIME OF MISHAP: 16 SEP 13, 0715 LOCAL TIME
C. GEOGRAPHIC LOCATION: JBPHH
D. SPECIFIC LOCATION: JBPHH SMALL ARMS TRAINING RANGE.
E. GENERAL ACTIVITY: DISCHARGED FIREARM (M9 9MM), RESULTING IN
INJURY
F. SPECIFIC ACTIVITY: E-3 AND E-6 SMS WERE NOTIFIED ON 15 SEP 2013
THAT THEY WERE AMONG SEVERAL ASF MEMBERS ACTIVATED TO
HELP SUPPORT INSTALLATION SECURITY DURING INCREASED FPCON
CONDITIONS. BOTH MEMBERS WERE INSTRUCTED TO COMPLETE THE
ASF REFRESHER COURSE AT 0700 ON 16 SEP 2013. AFTER RECEIVING
BASIC SAFETY INSTRUCTION AT 0705 ON 16 SEP 2013, E-3 SM WAS
ISSUED A M9 9MM FIREARM AND ASSIGNED A FIRING POSITION ON THE
RANGE. AFTER FIRING AN UKNOWN NUMBER OF ROUNDS, E-3 SM
STEPPED AWAY FROM HIS POSITION ON THE RANGE AND POSITIONED
HIMSELF ON A NEARBY OBSERVATION BENCH. WHILE SEATED, THE
FIREARM DISCHARGED, STRIKING BOTH THE E-3 AND E-6 SM. BOTH
SMS WERE TRANSPORTED TO TRIPLER ARMY MEDICAL CENTER FOR
TREATMENT. BOTH SMS ARE LISTED IN STABLE CONDITION WITH NON-
LIFE THREATENING INJURIES.
G. ENVIRONMENTAL CONDITIONS: CLEAR SKY, WARM WEATHER.
H. ALCOHOL USE: BOTH SMS ARE SUSPECTED OF BEING UNDER THE
INFLUENCE OF ALCOHOL AT TIME OF THE INCIDENT.
2. PERSONNEL DATA:
A. FATALITIES: NONE.
B. INJURIES: EXTENT OF INJURIES OF SMS IS UNKNOWN AT THIS TIME.
HOSPITALIZATION OF BOTH SMS APPEARS LIKELY.
C. OTHER FATALITIES OR INJURIES: NONE
3. PRESS INTEREST: NOT ANTICIPATED.
4. FINAL REPORT THIS INCIDENT.//
BT

SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT

FULL NAME (ACCUSED/SUSPECT) SSN RATE/RANK SERVICE (BRANCH)
Thomas Brady
123-45-6789
E-4 USN
ACTIVITY/UNIT DATE OF BIRTH
Transient Personnel Unit, JBPHH
11 Jan 88
NAME (INTERVIEWER) SSN RATE/RANK SERVICE (BRANCH)
LTJG Joseph Torre
987-65-4032
O-2 USN
ORGANIZATION BILLET
Preliminary Investigating Officer
LOCATION OF INTERVIEW TIME DATE
1430
18 SEP 13

RIGHTS

I certify and acknowledge by my signature and initials set forth below that, before the
interviewer requested a statement from me, she warned me that:

(1) I am suspected of having committed the following
offense(s):

Article 92, UCMJ: Violation of a Lawful General Order or Regulation
(OPNAVINST 5370.2C, Navy Fraternization Policy);
Article 134, UCMJ: Drunkenness, incapacitation for performance of duties.

TB

(2) I have the right to remain silent; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TB

(3) Any statement I do make may be used as evidence against me in trial by
court-martial, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

TB

(4) I have the right to consult with lawyer counsel prior to any questioning. This lawyer
counsel may be a civilian lawyer retained by me at my own expense, a military lawyer
appointed to act as my counsel without cost to me, or both; and - - - - - - - - - - - - - - -
TB

(5) I have the right to have such retained civilian lawyer and/or appointed military lawyer
present during this interview. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TB

WAIVER OF RIGHTS

I further certify and acknowledge that I have read the above statement of my rights and fully
understand them, and that, - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- TB

(1) I expressly desire to waive my right to remain silent; - - - - - - - - - - - - - - - - - TB
(2) I expressly desire to make a statement; - - - - - - - - - - - - - - - - - - - - - - - - - - - TB

(3) I expressly do not desire to consult with either a civilian lawyer retained by me or a
military lawyer appointed as my counsel without cost to me prior to any questioning; TB

(4) I expressly do not desire to have such lawyer present with me during this
interview; and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TB

(5) This acknowledgment and waiver of rights is made freely and voluntarily by, and without
any promises or threats having been made to me or pressure or coercion of any kind having been
used against me.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TB

SIGNATURE (ACCUSED/SUSPECT) TIME DATE
Thomas Brady
1445
18 Sep 13
SIGNATURE (INTERVIEWER) TIME DATE
Joseph Torre
1446
18 Sep 13
SIGNATURE (WITNESS) TIME DATE

The statement which appears below is made freely and voluntarily by me, and without any
promises or threats having been made to me or pressure or coercion of any kind having been
used against me.

Thomas Brady
SIGNATURE (ACCUSED/SUSPECT)

---STATEMENT ATTACHED---

VOLUNTARY STATEMENT
YN3 Thomas Brady
18 September 2013

I am YN3 Thomas Brady. My birth date is 11 January 1988, and I am from Worcester,
Massachusetts. I live in the barracks and I am currently attached to the Transient Personnel Unit
(TPU), Joint Base Pearl Harbor-Hickam. I have been in the U.S. Navy since June 2006, and I
have been attached to TPU for about 18 months. I am currently responsible for processing all
TAD orders and lodging requests, and I adjust and correct all pay and allowances for Sailors
attached to TPU. My Leading Petty Officer (LPO) is YN1 Robert Cano.

In addition to my admin responsibilities, I am a member of the Auxiliary Security Force (ASF)
for Joint Base Pearl Harbor-Hickam. I was assigned to the ASF in February 2013, at the same
time as YN1 Cano and ITSN Martin Rivera. YN1 and I completed the one-week ASF training at
the end of February 2013, but I dont think ITSN trained with us because he was recovering from
a shoulder injury. Part of the training included a weapons-handling safety course, where we
were instructed on how to properly handle and fire an M9 9mm pistol. My favorite part of the
training was actually practicing on the range. I am very comfortable handling firearms; I had
several rifles when I was younger, and I my dad would take me hunting every fall in up-state
New York. I qualified as an expert on the M9 9mm during boot-camp, and the safety course
gave me a chance to fire a few rounds on the Navys dime. I thought about going to Master-at-
Arms A school after boot-camp just so I could carry a weapon, but I heard a rumor in boot-
camp that it is easier to promote as a YN.

YN1 Cano called me last Sunday (15 Sep) and told me that, because the base security force had
been working significantly longer hours since the Force Protection Conditions (FPCON) had
changed to Bravo, the base CO had decided to activate the ASF and add a handful of ASF
members to the security watchbill. YN1 told me we would have to stand three ASF watches per
week in addition to our normal duty at TPU. I was upset because standing ASF watch would
mean I would likely miss several flag-football games, and I always look forward to the flag-
football season. YN1 also told me that we had to attend a weapons-handling refresher course at
the Joint Base range at 0700 the following day (Monday).

YN1 could tell that I was upset about being added to the watchbill, so he asked if I wanted to
have a few beers that night and enjoy our last night of relaxation for the foreseeable future. He
said that he was able to convince ITSN Rivera to join us, and we both commented on how ITSN
Rivera never drinks and would probably need to be carried home after one beer. I commented
that we should probably only have a few drinks since we had to be at the range by 0700 the next
day. He responded by saying, We should see how smoothly the beers are going down before
we make that decision.

YN1 Cano called me at about 1800 and said he would pick me up outside of the barracks at
approximately 1830. I met YN1 Cano in the parking lot at 1835 and ITSN Rivera was already in
the car. YN1 Cano then drove us to Maui Mikes in downtown Honolulu. As soon as we
arrived, YN1 Cano commented that it was Slider Sunday, which means that pitchers of Wailua
Wheat Beer are half-price when you order a 3-pack of pulled-pork sliders. Im not sure how
many pitchers we drank, but I know that I ate at least 10 sliders throughout the night and ITSN
had 2 or 3 sliders. I dont think YN1 ate any sliders because he commented how BBQ Night
in the galley had forever ruined his appetite for pulled-pork.

I know that YN1 and ITSN drank most of the beer; I probably had a total of 2-3 cups of beer
throughout the entire night. In addition, YN1 ordered shots at several points in the night; I dont
recall the types of shots he ordered, but I remember YN1 ordering us all a double-shot of
Goldschlager just before the bar closed at 0200.

YN1 Cano drove us back to his apartment after we left the bar. When we arrived at YN1s
apartment, YN1 and ITSN each had a few beers before I fell asleep at approximately 0315; YN1
and ITSN were still drinking a beer and playing the PS3 when I fell asleep.

I recall being nudged awake by YN1 Cano and hearing him say that he hadnt slept. He said he
would stop at the barracks so that ITSN and I could get our uniforms on and get to the range. I
felt a little nauseous, mostly from the sliders, and we didnt have time to stop for breakfast.
After ITSN Rivera and I changed, YN1 drove us to the range and we arrived at 0655.

The events at the range seem like a blur. The instructor seemed annoyed that he had to give the
refresher course, and after only few minutes of the safety instruction, he gave us a magazine for
our weapons and assigned each of us a position on the range.

I recall that I had a difficult time hitting the target during the first round. After clearing the
weapon and returning it to Condition 4, I turned and noticed that ITSN Rivera was sitting on a
small bench behind the firing line. ITSN looked dazed and a bit green; he was sitting and
hunched at the waist with his elbows on his knees. I did not notice if he had the 9mm in his hand
at that time, but I did see YN1 walking in his direction.

I turned back around to wait for the instructor, who said he would walk around to make sure we
had properly cleared our weapons, when I heard a gun shot from behind me. I quickly looked in
the direction of ITSN and saw both ITSN and YN1 on the ground screaming in pain. As I
approached them, I noticed a significant amount of blood on the ground and that ITSN was
holding his lower thigh. I tried to administer first aid, but medical staff arrived within only a few
minutes.

After the medical staff arrived, the instructor told me that the training would have to be
rescheduled for another day and that I should return to my command for my normal duty. He
also instructed me to brief my chain of command on the incident as soon as possible. When I
returned to the command, I went straight to YNC Freemans office. I walked in and told him
that the refresher course had been cancelled; he interrupted me and said that he had already heard
about the incident from the security LCPO. He then said that I smelled like a brewery and that
my eyes were bloodshot. He told me to stay seated and that he was going to the Department
Head to recommend that I get a fit for duty examination.

YNC escorted me to the medical clinic at approximately 0915, where I met with a doctor who
told me that I was unfit for duty.

I feel terrible about the incident at the range. I believe that it could have been avoided if YN1
and ITSN hadnt stayed up all night drinking. I felt a little pressure to drink with YN1 because
he is my LPO; I dont think I would have stayed out so late if YN1 hadnt pressured me so much.
I know that eval input is due next month, so I wanted to stay on his good side.

In response to questions from the investigator:

I believe ITSN Rivera accidentally discharged the 9mm. He is a great guy who would
never intentionally harm anyone.

THE ABOVE STATEMENT IS TRUE AND CORRET TO THE BEST OF MY
KNOWLEDGE.

Thomas Brady 18 SEP 2013
THOMAS BRADY
YN3, USN


Martin Rivera
123-45-6789
E-3 USN
27 Jul 90
LTJG Joseph Torre
987-65-4032
O-2 USN
ORGANIZATION BILLET
1245
18 SEP 13

RIGHTS


offense(s):

Article 112, UCMJ: Drunk on Duty;
Article 134, UCMJ: Firearm, discharging through negligence.
MR

MR

court-martial, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

MR

MR

present during this interview. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MR

WAIVER OF RIGHTS

understand them, and that, - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- MR

(1) I expressly desire to waive my right to remain silent; - - - - - - - - - - - - - - - - - MR
(2) I expressly desire to make a statement; - - - - - - - - - - - - - - - - - - - - - - - - - - - MR

military lawyer appointed as my counsel without cost to me prior to any questioning; MR

interview; and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
MR

used against me.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MR

Martin Rivera
1250
18 Sep 13
Joseph Torre
1251
18 Sep 13

used against me.

Martin Rivera


VOLUNTARY STATEMENT
ITSN Martin Rivera
18 September 2013

I am ITSN Martin Rivera. My birth date is 27 July 1990, and I am from Cooperstown, New
York. I live in the barracks and I am currently attached to the Transient Personnel Unit (TPU),
Joint Base Pearl Harbor-Hickam. I have been in the U.S. Navy since October 2010, and I have
been attached to TPU for about 4 months. I was assigned to the TPU after I injured my shoulder
on USS CHUNG HOON (DDG 93). My Leading Petty Officer (LPO) is YN1 Robert Cano.
The medical office cleared me to return to the USS CHUNG HOON two weeks ago, but the ship
wont return to Pearl Harbor for another week.

On 15 September, YN1 Cano called me and told me that ASF had been activated by the
installation CO and that I would be added to the security watchbill until I returned to CHUNG
HOON. I told him that I had never been to the one-week ASF course, but he told me not to
worry about it because there was a refresher course the next morning at 0700 that would cover
everything I needed to know. Our conversation ended at this point, so I hung up the phone.

YN1 Cano called me back about 30 minutes later and told me that, in addition to the refresher
course at 0700 the following morning, he had decided to provide training at Maui Mikes and
that my attendance was required. YN1 knows that I dont drink very often, and he assured me it
would be an early night for the group.

YN1 sent me a text message at 1800 on 15 September and told me that he would pick me up in
front of the barracks at 1815. After meeting YN1 in the parking lot, we waited for YN3 Tommie
Brady and then drove to the bar.

I am not certain how much I drank throughout the night, but I believe that YN1 and I drank more
than YN3. YN3 seemed more interested in eating the sliders at the bar. YN1 ordered several
shots; I refused to drink a few of the shots (the smell of Goldschlager makes me sick), so I think
YN1 drank the shots if he noticed them sitting on the table for longer than 5 minutes.

I am not sure how long we stayed at the bar, but at some point we decided to go back to YN1
Canos apartment to play PS3. We played video games for about 1 hours at YN1 Canos
apartment before I fell asleep at about 0500.

YN1 woke me when it was time to leave for training. When I awoke, I felt like I hadnt slept at
all. YN1 said that he drank a beer or two after I fell asleep and that he was still buzzed.

YN1 offered to drive us to the barracks so YN3 and I could change. He waited for us to change
and then drove us to the range for the refresher course.

While at the range, I recall the instructor rushing through the safety brief. He never asked if I
had been through the one-week ASF training course; I wasnt feeling well at this point, so I
forgot to mention that I hadnt been through the course.

I recall, after approximately 5 minutes of safety discussion, we were assigned a spot on the range
and issued a magazine. I dont recall how many rounds I fired, but I wasnt feeling well so I
tried to finish firing so that I could sit on the bench behind me. Because I felt like I might vomit
or pass out, I stepped back from the firing line and sat on the bench behind me. I sat and leaned
forward with the 9mm still in my hand resting on my knee. I dont recall clearing the weapon
before sitting; I also dont recall having my finger on the trigger, but I know that YN1
approached me and said that I should probably point the 9mm toward the ground and take my
finger off the trigger before the instructor made his way down to my station.

The next thing I remember, I heard the 9mm discharge and I felt a really awful stinging pain in
my lower thigh. I slid to the ground and dont remember much after that.


I am not very comfortable handling firearms. Prior to 16 September, I had only held a
firearm once in my life and that was during boot-camp. I was able to qualify as a marksman
during boot-camp, but I am pretty sure I closed my eyes every time I fired a round.
I was assigned to the ASF when I transferred to TPU 4 months ago. I have not performed
ASF duties during those four months because of my knee injury, and I was surprised when I was
told that I was being added to the security watchbill without have gone through the training. I
believe that I would have felt more comfortable handling the 9mm if I had attended the one-week
ASF course in July.
I dont know how or why the 9mm discharged. I wasnt feeling well and I was trying to
rest on the bench. I dont remember clearing the weapon before I sat down, but I cant be sure
because I wasnt feeling well and things were a blur for me.
I realize that I shouldnt have consumed so much alcohol the night before I was supposed
to handle a firearm. I didnt feel like I was still under the influence when I was at the range; I
just felt like I had a really bad hangover.

I feel terrible about the accident. I would never intentionally harm YN1. He is a good LPO and
a fun guy to have around the office.

THE ABOVE STATEMENT IS TRUE AND CORRET TO THE BEST OF MY
KNOWLEDGE.

Martin Rivera 18 SEP 2013
MARTIN RIVERA
ITSN, USN


Robert Cano
123-45-6789
E-6 USN
14 Feb 85
LTJG Joseph Torre
987-65-4032
O-2 USN
ORGANIZATION BILLET
1430
18 SEP 13

RIGHTS


offense(s):

Article 111, UCMJ: Drunken/Reckless Operation of a Vehicle
Article 112, UCMJ: Drunk on Duty

RC

RC

court-martial, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

RC

RC

present during this interview. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RC

WAIVER OF RIGHTS

understand them, and that, - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- RC

(1) I expressly desire to waive my right to remain silent; - - - - - - - - - - - - - - - - - RC
(2) I expressly desire to make a statement; - - - - - - - - - - - - - - - - - - - - - - - - - - - RC

military lawyer appointed as my counsel without cost to me prior to any questioning; RC

interview; and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RC

used against me.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RC

Robert Cano
1530
18 Sep 13
Joseph Torre
1530
18 Sep 13

used against me.

Robert Cano


Summary of Interview with YN1 Robert Cano, USN, on 18 Sep 2013

The interview with YN1 Cano was conducted at Tripler Army Medical Center. YN1 Cano
signed the JAGMAN 0212 advisement and agreed to speak with me regarding the incident on 16
Sep 2013. Following my interview, YN1 Cano refused to sign a written statement; I have
summarized his statement regarding the accident causing his injuries.

YN1 Canos memory of the events of 15 Sep 2013 is somewhat sketchy. YN1 Cano recalls YN3
Brady calling him the afternoon of 15 Sep and complaining about being added to the security
watchbill. YN1 Cano also recalls that YN3 Brady invited him to Maui Mikes for Slider
Sunday. YN3 Brady explained to YN1 that a pitcher of beer is half-price if you order it with a
3-pack of pulled-pork sliders.

YN1 Cano is the Leading Petty Officer for the Admin Department of TPU. He is in charge of
approximately 15 junior Sailors, including YN3 Brady and ITSN Rivera. His LCPO is YNC
Freeman. YN1 Cano stated that he frequently socializes with YN3 Brady and ITSN Rivera
because they both like to play video games; he does not socialize with other Sailors in his
department.

YN1 Cano explained that he does not like pulled-pork sliders, so he doesnt believe they stayed
at the bar for very long. He believes he only had 2-3 cups of beer at the bar before going to his
apartment to play video games.

YN1 cannot recall drinking beer at his apartment the morning of 16 Sep 2013.

YN1 does not have much memory of the events leading up to the incident at the range on 16 Sep.
He believes the shock of being shot in the ankle has affected his ability to recall the events of the
morning.

Joseph Torre 18 SEP 2013
JOSEPH TORRE, LTJG, USN

VOLUNTARY STATEMENT
YNC Freddie Freeman, United States Navy
Transient Personnel Unit
Joint Base Pearl Harbor-Hickam
19 September 2013

My name is Freddie Freeman and I am the Leading Chief Petty Officer (LCPO) for the Transient
Personnel Unit (TPU), Joint Base Pearl Harbor-Hickam. As the LCPO for the TPU, I supervise
45 Sailors; the Sailors in my department process temporary and limited duty orders, arrange
lodging for Sailors in the TPU, and resolve pay discrepancies. One of my Leading Petty Officers
is YN1 Robert Cano; YN1 Cano is responsible for supervising 12-15 Sailors.

Early last week, I learned the Commanding Officer was activating ASF to supplement the base
security force. I immediately contacted YN1 Cano and instructed him to review the training
records for all TPU ASF members to ensure that all members were up-to-date on their
qualifications. I also instructed him to contact the JBPHH range and schedule a weapons-
handling refresher course for the ASF members. YN1 Cano reported to me that all TPU ASF
members had completed the one-week course and that he had scheduled a weapons-handling
refresher course for Monday, 16 September 2013.

The morning of 16 Sep 2013, at approximately 0730, I received a telephone call from MAC
Brian Griffin, the LCPO for the JBPHH security department. He informed that YN1 Cano and
ITSN Rivera had sustained serious injuries during the morning refresher course. MAC Griffin
explained that ITSN Rivera walked away from the firing line with a weapon, without properly
clearing the weapon or asking for assistance from the instructor. MAC Griffin informed me that
Cano and Rivera were being transported to Tripler for treatment. He also informed me that YN3
Brady was told to return to TPU and report immediately to my office.

YN3 Brady reported to my office shortly after 0800. I immediately noticed that his eyes were
bloodshot and that he smelled like alcohol. YN3 Brady appeared shaken by the incident; he
informed me that he had been drinking with YN1 Cano and ITSN Rivera on Sunday evening. I
told him to wait in my office while I spoke with the Department Head about the incident.

At approximately 0915, after receiving approval from my Department Head, I escorted YN3
Brady to the Makalapa Branch Medical Clinic for a fit for duty determination. It was
determined that YN3 Brady had a BAC of less than 0.01 as of 0930, but the doctor determined
YN3 was unable to perform duties for the remainder of the day based on his current condition.
I immediately called my Department Head to inform him of the decision. I then escorted YN3
back to the barracks.

THE ABOVE STATEMENT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.

Freddie Freeman 19 SEP 2013
FREDDIE FREEMAN

VOLUNTARY STATEMENT
MA1 Larry Jones
18 September 2013

I am MA1 Larry Jones, USN. My birth date is 17 February 1981, and I am from Atlanta,
Georgia. I have been in the U.S. Navy since June 2000, and I have been attached to the
installation security department at Joint Base Pearl Harbor-Hickam for about 2 years. I have
qualified as a weapons handling instructor and currently manage the armory for the installation
security department.

I learned on Sunday (15 September 2013) that I had to facilitate a refresher course for the
activated ASF personnel who were being added to our watchbill. The department is tired of the
increased hours and, to be honest, I wasnt in the mood to instruct the refresher course on
Monday. I have a lot of things happening right now in the office, so to take two hours to teach
the ASF is not something I was happy about.

The course was supposed to start at 0700 and I was expecting four ASF members to meet me at
the range. The first ASF arrived at 0645; his name is IT2 Mark Lemke. IT2 Lemke and I live in
the same apartment complex downtown. We know each other well, so we talked for a while
about the Atlanta Braves (our favorite team) until the group of three guys arrived just before
0700. The group of three seemed a little rushed, as if they had been hurrying to get to the range
on time. I spent the first 5-10 minutes organizing the armory, so I didnt really have a chance to
observe their overall demeanor and appearance.

After organizing the armory and preparing the firearms for the ASF, I gave a quick safety brief.
My briefs normally include proper mechanics for loading, firing, clearing, and returning the
weapon to Condition 4; however, since these guys should have completed the ASF course over
the summer, I didnt see the need to cover the entire thing. After finishing the quick safety brief,
I issued rounds and assigned each person a spot on the range.

When the group began firing, I stood next to IT2 Lemke because we had been talking about the
Braves chances in the playoff. When the firing stopped, IT2 Lemke asked me if I watched the
game last night; as I began to respond, I heard a pop and turned quickly to see two ASF on the
ground rolling in pain.

I ran up to them and saw that the one had an injury to his thigh and the other had an entry wound
on his ankle. The ASF with the injury to his thigh had the 9mm on the deck next to him; the
9mm still had the magazine inserted and the safety had not been initiated.

I dont know who called for the corpsmen, but they showed up about five minutes later.


All ASF who have completed the one-week course should know not to walk away from
their firing station until I give the all clear. This is something that is covered at length during the
one-week course.

No, I did not suspect that anyone was under the influence of alcohol on Monday. I was
busy organizing the armory and preparing to issue them weapons. Had I noticed or suspected
that anyone was under the influence of alcohol, I would not have allowed them to participate in
the refresher course.

THE ABOVE STATEMENT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.

Larry Jones 18 SEP 2013
Larry Jones
MA1, USN

16 SEP 2013

SUMMARY OF EMERGENCY ROOM TREATMENT AND SUBSEQUENT SURGICAL
AND MEDICAL TREATMENT AT TRIPLER ARMY MEDICAL CENTER ICO MARTIN
RIVERA AND ROBERT CANO

This summarized Medical Treatment Report is provided pursuant to a request from LTJG Joseph
Torre, USN.

Beginning at 0737 on 16 September 2013, Tripler Army Medical Center Emergency Room
received the following two trauma cases resulting from a discharged firearm at the Joint Base
Pearl Harbor-Hickam small firearms range.

PATIENT 1 Martin Rivera: Mr. Rivera arrived at the emergency room with serious injuries
to his lower left thigh as a result of a discharged M9 9mm firearm. Mr. Rivera was coherent
enough to explain that, at approximately 0715, he was sitting on a bench, leaning forward at the
waist, while holding an M9 9mm pistol in his right hand. With the weight of his upper-body
leaning on his right elbow, the pistol he held in his right hand pointed at a slight downward angle
in the direction of his left lower thigh/knee. The pistol was unintentionally discharged and the
round entered Mr. Riveras left lower/inner thigh and cleanly exited the lower/outer thigh. The
round penetrated muscle tissue and missed all bones/ligaments prior to exiting. The round
continued on a downward trajectory prior to striking Patient 2. A toxicology examination
performed on fluids obtained at 0748 disclosed a blood alcohol concentration of 0.03. Mr.
Rivera received treatment to the entry/exits wounds and was released with instructions for
outpatient treatment at 1832 on 16 Sep 2013.

PATIENT 2 Robert Cano: Mr. Cano arrived at the emergency room with serious injuries to
his right ankle as a result of a discharged M9 9mm firearm. Mr. Cano was coherent enough to
explain that he observed Mr. Rivera sitting on a bench while casually holding a 9mm pistol. Mr.
Cano approached Mr. Rivera and suggested that he point the firearm at the deck. Upon turning
away from Mr. Rivera, Mr. Cano heard the firearm discharge and he felt a stabbing pain in his
right ankle. The injury to Mr. Cano consists of an entry wound caused by a 9mm round; the
round has struck his right ankle, causing multiple displaced fractures/bone fragments. The round
remains lodged in Mr. Canos right ankle and will require surgery for extraction. A toxicology
examination performed on fluids obtained at 0751 disclosed a blood alcohol concentration of
0.08. Mr. Cano remains hospitalized and will undergo multiple surgeries to extract the 9mm
round and repair the bone fractures.

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