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Sexual Offender
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An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Guillermo A. Quintanilla
Staff Sergeant U. S. Army
Convicted Sex Offender
Forcible Sodomy & Indecent Assault & Indecent Acts With A Child
Name: Guillermo A. Quintanilla
U.S. V. Quintanilla No. 00-0499
Date Of Appeal: December 5, 2000
Plea: Not Guilty
Charges: Forcible sodomy, indecent assault and indecents acts with a child under 16
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? Yes California
Charges against appellant were referred to a general court-martial on April 14, 1996, and the court-martial held its first session on May 7, 1996. The court-martial, which was composed of officer and enlisted members, convicted appellant, contrary to his pleas, of forcible sodomy of a child under the age of 16, indecent assault, and indecent acts, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 USC §§ 925 and 934, respectively.
On August 22, 1996, the court-martial sentenced appellant to a bad-conduct discharge, confinement for three years, forfeiture of $300 pay per month for 36 months, and reduction to the lowest enlisted grade. Following various post-trial submissions, the case was transferred to a different convening authority, who approved these results on July 21, 1997. The litigation at the Court of Criminal Appeals was marked by numerous requests for extensions by both parties. On April 17, 2000, the Court of Criminal Appeals affirmed in a published opinion. 52 MJ 839 (2000).
Appellant was charged with offenses arising from sexual contact with five individuals: two military members and three civilian teenagers. The charges involving the civilian teenagers provide the context for the unusual events that transpired during the lengthy trial, post-trial, and appellate proceedings in this case.
Appellant was divorced and lived off-post with his teenage son. During the two-year period covering the charged offenses, several other soldiers and civilians lived in the house at various times, including JB, a 19-year-old high school student. Subsequently, JB moved out of appellant’s home and lived with his employer, Mr. Bernstein, who owned a chain of pizza parlors. JB informed Mr. Bernstein that appellant had forcibly performed oral sodomy on him while the two were sitting in appellant’s parked car.
Mr. Bernstein also employed CS, who was a friend of JB. During an employment interview, CS told Mr. Bernstein that appellant had indecently assaulted him after getting him drunk. When Mr. Bernstein subsequently learned that RW, JB’s 15-year-old half-brother, had spent time with appellant, he became suspicious that appellant might have molested RW as well. Mr. Bernstein informed RW’s father, Master Sergeant (MSG) W, who questioned his son. RW told MSG W that appellant had sexually molested him at appellant’s house. Mr. Bernstein did not speak directly to RW about these allegations. The allegations regarding all three civilian teenagers were brought to the attention of military authorities by Mr. Bernstein.
The remaining charges involved sexual contact with two members of the armed forces at various times during 1993 through 1995. Private (PVT) B, a new member of appellant’s battalion, arrived when most of the unit was deployed. At appellant’s suggestion, PVT B joined appellant off-post for a game of pool, and then went to appellant’s house. PVT B accepted appellant’s invitation to spend the night at appellant’s house. PVT B testified that shortly after retiring for the evening, appellant touched PVT B’s genitals. PVT B then departed and obtained a ride back to Fort Hood, where he reported the incident to the staff duty noncommissioned officer (NCO).
The other offenses involved CJ, who was on active duty at the time of the incidents but had left military service at the time of trial. CJ’s testimony covered two separate incidents of sexual contact, one in the barracks and one at a party in appellant’s home. CJ testified that he consumed a large quantity of beer, fell asleep on the bedroom floor, and woke up to find appellant touching his genital area.
Neither of the victims had any contact with Mr. Bernstein prior to trial. Appellant was convicted of the charge involving PVT B. He was also convicted of one of the specifications involving CJ and acquitted of the other.
