Name: Mark F. Lebaron
Case: United States v. Lebaron No. ACM 35299
Date Of Conviction: May 15, 2002
Plea: Not Guilty
Charges: Forcible Sodomy Of A Child Under 12
Military Branch: U.S. Airforce
Listed In National Sex Offenders Registry? NO
The appellant pled guilty at a general court-martial to a single specification of committing an indecent act with his 13-year-old daughter, in violation of Article 134, UCMJ, 10 U.S.C. § 934. The convening authority approved the adjudged sentence of a bad-conduct discharge, confinement for 15 months, and reduction to E-1
On the morning of 3 April 2001, the appellant went into his 13-year-old daughter’s bedroom to wake her up. While doing so, he kissed her mouth and face and rubbed her breasts, buttocks, and genital area with his hands. Upon awakening to her father’s molestation, she ran into a nearby bathroom and locked the door.
This incident prompted the appellant to make a number of admissions.Immediately after the incident, he told his wife that he had just “petted” their daughter.He made similar admissions to his bishop, a church social services representative, and his first sergeant. Additionally, he reported the incident to Ms. Link, the family advocacy treatment manager at Fairchild Air Force Base.
During the course of these disclosures, the appellant admitted to other instances of indecent conduct, to include inappropriately touching his 13-year-old daughter’s thigh on another occasion, and a single incident of inappropriately touching his younger daughter.
He also admitted he indecently assaulted two of his female relatives as a juvenile. Soon after making these admissions, the appellant sought the advice of Captain (Capt) Bergenser, an area defense counsel, and stopped making incriminating statements.
After completing an investigation on 16 May 2001, base authorities discussed how best to handle the allegations. The options they discussed ranged from nonjudicial punishment, pursuant to Article 15, UCMJ, 10 U.S.C. § 815, to a general court-martial. The accused very much hoped he would be offered nonjudicial punishment pursuant to Article 15, and testimony at trial indicated the accused’s squadron commanders had not ruled out imposition of an Article 15
Sentence adjudged 15 May 2002 by GCM convened at Fairchild Air Force Base, Washington. Military Judge: Steven A. Gabrial (sitting alone).
Approved sentence: Bad-conduct discharge, confinement for 15 months, and reduction to E-1
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Conviction Records
Not Associated With The U.S. Military Or Government
Mark F. Lebaron
Technical Sergeant U.S. Air Force
Convicted Habitual Sex Offender
Indecent Acts With A 13 Year Old Child
