Bravo Fleet v. Owen Smith (JAG-001)

Case Overview

Date
September 9, 2009

Trial Type
Trial by Magistrate

Defendant
Owen Smith

Defense Counsel
Eviess Cha'Riuurren

Presiding Magistrate
Slagar

Investigator
Kitahashi

Questions

If you have a question about this trial, please contact the Bravo Fleet Magistrate's Office.

Bravo Fleet Magistrate
  magistrate@bravofleet.com

Charges

The Defendant, Owen Smith, is charged with the following violations as defined by Section 4 of the Magistrate Code.

  • 2x Crude Behavior (Plea: None)

    No member shall engage in crude behavior in any mode of communication. Crude behavior includes, but is not limited to: the excessive use of swear words; provocative speech; excessive sexual discussions; and unabated insults toward another’s real-life political affiliation, nationality, gender, race, color, age, disability, creed, heritage, or sexual orientation.

  • 2x Verbal Abuse (Plea: None)

    No member shall engage in the excessive verbal abuse of another, including, but not limited to: insults regarding a member’s real-life political affiliation, gender, race, creed, heritage, nationality or sexual orientation; character assassination; or unjust use of Bravo Fleet resources to attack another through defamatory statements.


Facts

The initial complaint was brought to then JAGCO Thras who referred it to the BF Investigator. In the course of the investigation, the Investigator recommended two counts of Verbal Abuse against the accused, for conduct under the complaint as well as during the investigation itself. As acting JAGCO for the case, Cabot Shaw amended the charges to also include two counts of Crude Behavior for excessive swearing contained within the original materials. The accused refused to enter a plea, and directed the JAG to handle the matter as they saw fit. As such, a Trial by JAG was convened and the accused found guilty on all charges. The JAGCO imposed a sentence of probation and a ban from the Bravo Fleet forums, where the initial cause of the events leading to the complaint took place.

This was the first case called to Tribunal under the revised JAG legislation. It was the very essence of “open and shut” – the offense was clear, the defendant offered no defense, excuse, or mitigation. The sentence handed down was at the maximum end of the spectrum for this type of offense however, due to the conduct of the accused towards JAG officials who were attempting to secure his side of the issue.


Evidence

Exhibit A

This exhibit is not available to the public.

Exhibit B

This exhibit is not available to the public.



Magistrate Opinion

On this day, September 9th, 2009, I the acting Judge Advocate General of Bravo Fleet now announce the punishment that the JAG office lays upon Owensmith. Upon the conclusion of fair and just proceedings, this office finds you:

On the Charge of Crude Behavior- You repeatedly engaged in communication with various members of the fleet and its staff in a manner containing excessive use of profanity.

On the Charge of Verbal Abuse – You repeatedly made antagonistic and severely insulting statements to members of the fleet and its staff, rising above the level of what would be considered excusable or acceptable.

Sentencing for the party is as follows:
You will be banned from Relay Station Bravo for a period of six months, issued an official letter of reprimand in your JAG record, and further sentenced to a probationary period of one year.


Official Verdict

The Bravo Fleet Magistrate (Slagar) has reached the following verdict with regards to the Defendant (Owen Smith).

  • The Defendant is found GUILTY on 2 counts of Crude Behavior.
  • The Defendant is found GUILTY on 2 counts of Verbal Abuse.


Defendant's Sentence

A summary of the Defendant's sentence, as defined by Section 5 and Section 6 of the Magistrate Code.

  • An official letter of reprimand
  • Six month suspension from the Bravo Fleet forums on top of any ban time already served (through March 8th, 2010)
  • One year probation (through September 8th, 2010)
    • As someone that is currently not an active BF simm member, he would require JAGCO approval to rejoin the fleet during that probationary period

Addendum – August 26th, 2010
For violation of probation per this case, Owen Smith has been permanently banned from the Bravo Fleet forums.