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The prosecution rested Monday in the court martial of a Fort Carson major accused of drunkenly groping a female officer and at a March 2 off-post party.
Maj. Christopher Garbarino, of the 1st Brigade’s 4th Battalion, 42nd Field Artillery Regiment, is charged with sexually assaulting the battalion’s 2nd Lt. Yarelis Ramos-Perez, as well as engaging in conduct “prejudicial to good order and discipline” at the raucous March 2 party, attended by fellow officers.
While the defense worked to prove the groping was accidental, Ramos-Perez testified that Garbarino approached her from behind and groped her for as long as a minute.
“It was really uncomfortable because … tomorrow he’s not gonna remember what he’s doing,” she testified.
She told the court martial panel of seven Fort Carson officers that she was worried about what other party attendees would think.
Ramos-Perez testified that she attempted to push Garbarino away.
The lieutenant said that she did not report the incident because she was the battalion’s only female and was worried about what others would say.
The Army’s Criminal Investigation Division eventually came to her with questions about the artillery unit’s party.
She later admitted to changing “a lot of things” in a statement prompted by defense attorneys because she “really wanted to help” Garbarino.
“I still want to help him, in any way,” she said, looking at Garbarino.
The alcohol-fueled party occurred at the home of Capt. David Zallo, the 42nd Field Artillery Regiment’s A Battery commander, during a meeting of the battalion’s unofficial “Straight Arrows Association.”
An invitation to the party said the event would last from 3 p.m. “until liver failure.”
Each battery, a company-sized unit in a battalion, was responsible for bringing items including alcohol and props like foam swords and a plastic basketball hoop, witnesses said.
Other props referenced included a joke stick, the keeper of which required those touched by it to tell a funny joke or take a drink of booze-laden “grog,” and pacifiers.
Party-goers played “beer pong” and could get the “Broken Arrow Award” for their antics, witnesses said.
Zallo later testified that he found Gabarino “flailing” on the floor of his house and attempted to calm him down by sitting on him.
1st Lt. Joseph Paolini, a prosecution witness, testified that he and another soldier restrained Garbarino with duct tape before eventually being told to take the tape off.
Gabarino vomited before his wife and son came to pick him up, Zallo said.
Defense witness 1st Lt. Cody Martin testified that Garbarino was “completely drunk” and appeared to have no idea what was going on during the alleged groping.
The incident involved “no cupping or grabbing,” and Garbarino’s hand was “mostly flat,” he said.
Martin also testified that Ramos-Perez “just stood there” until he pulled her away.
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