Playoff bound
A Fort Carson major was convicted Tuesday of being drunk and disorderly, but was acquitted of more serious charges of sexual assault, post spokeswoman Dee McNutt said late Tuesday.
Maj. Christopher Garbarino will be sentenced Wednesday morning, she said. He faces a maximum of three months confinement and forfeiture of two-thirds of his pay and benefits, officials said.
The verdict came about 10 p.m. after more than four hours of deliberation by the military panel at the conclusion of a two-day court-martial.
Garbarino, 36, had faced up to five years confinement and dismissal from the Army on the assault charges. He has served in the Army for 15 years.
During closing arguments Tuesday afternoon, defense lawyer Ernesto Gapasin said that Garbarino was obeying orders to drink at a “frat like” party that included hazing, and that doing so led to his client’s disorderly behavior.
Garbarino of the 1st Brigade’s 4th Battalion, 42nd Field Artillery Regiment, was court-martialled on charges stemming from a March 2 party attended by fellow officers.
The party, which doubled as a meeting of the battalion’s unofficial “Straight Arrows Association,” was held at the off-post home of a battery commander and featured props such as pacifiers and foam swords, witnesses said.
“That is hazing,” said Gapasin, alluding to his client’s assertion that the president of the club, an Army lieutenant, ordered him to drink with the implicit authority of the club’s supreme allied commander, the Army superior of both.
“The forced drinking, that is unlawful.”
Garbarino went on to state that “everyone at the party was disorderly,” a reference to his client’s charge of drunk and disorderly conduct, and accused a lieutenant of evidence tampering.
Prosecution witnesses allege that a drunken Garbarino approached 2nd Lt. Yarelis Ramos-Perez, the battalion’s only female, and gave her a hug before groping her breast.
In closing arguments, Gapasin said that Garbarino gave Ramos-Perez and other officers “hugs of camaraderie” but denied the groping allegation.
Prosecutor Capt. Matthew Firing argued that it was Garbarino’s choice — not his comrades’ — to “get completely and utterly obliterated.”
“Not one person can say that the accused was forced or ordered to drink,” Firing said. “Since when do we ever excuse criminal conduct due to peer pressure?”
While witnesses conceded that Garbarino hugged other party attendees, none accused him of “curling his fingers around” male attendees’ pectoral muscles during hugs, Firing said.
“There was only one officer there … slurring his speech, rolling around on the ground, fighting, puking, cursing,” he said, “only one person who grabbed a female’s breast.
“That was Maj. Garbarino.”
Firing ended his rebuttal arguments with a call for the court-martial panel of seven to hold Garbarino accountable so that young officers “understand that the accused’s actions are not okay.”
He also accused a member of Garbarino’s defense of asking Ramos-Perez to change her sworn statement to assist Garbarino.
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