049 United States v. Smith

About this time two years ago, the weather in Virginia had just begun to shift from crisp to cold and I decided it was time to fill up my tires because the cold made the air inside sluggish. I first tried to plump them up at Costco, but I’m an early bird and I got there before hours and their pumps weren’t turned on. I knew that my impatience meant I’d have to pay to fill the tires, but set off for a gas station near my house anyway. When I got there, I was able to pull right into the spot next to the hose and hopped out to go get change to feed the machine. Then, a man who’d pulled up behind me laid on his horn. I looked up, startled by the noise, and he wagged his finger at me. I hadn’t darted ahead of him so I tried to figure out what sparked his ire. I held up my dollar bill then gestured towards the pump, trying to communicate that I just needed to make change. In response, he pulled a firearm and laid it on the dash. For that man and Airman First Class Smith, there’s just something about gas stations that calls for brandishing a firearm.

I used information from the AFCCA opinion, the CAAF opinion, and some appellate briefing.

 

 

 

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Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.