Michael D. A. Rangel Staff Sergeant U.S. Air Force Convicted Sex Offender Forcible Sodomy Of A Child

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Name: Michael D. A. Rangel

Case: United States v. Rangel

Date Of Appeal: March 2, 2007

Plea: Not Guilty

Charges: Forcible Sodomy Of A Child

Military Branch: U.S. Air Force

Listed In National Sex Offenders Registry? NO

The appellant was convicted of forcibly sodomizing JB on divers occasions between 1 October 2000 and 31 October 2003. JB was the teenage son of Ms. SB, a divorcee the appellant befriended in 1996 when he was stationed at Moron Air Base, Spain.

When the appellant was re-assigned to the United States in 1997, he suggested that Ms. SB move her family to the United States so she could provide a better life for her three children. She agreed and the appellant sponsored their

entry into the country. At the time of the charged offenses, Ms. SB, her son JB, and her daughter KB lived with the appellant in Altus, Oklahoma. JB and KB moved with the appellant to Altus in October 2000. Ms. SB joined the appellant and her family in Altus after her oldest son, RB, died in November 2000.

JB testified that shortly after his brother’s death, the appellant began forcibly sodomizing him. At the time the offenses started, JB, then 15 years old, was sharing a bedroom with the appellant, with JB sleeping on the floor. One night, the appellant asked JB if he wanted to sleep in the appellant’s bed instead of on the floor. JB agreed. He fell asleep in the bed and awoke to find the appellant pulling down JB’s underwear and trying to penetrate JB’s anus with the

appellant’s penis. JB did not say anything, but moved around to make the appellant stop. The appellant stopped, hugged JB, and promised never to do anything like that again. The next night, JB again agreed to sleep in the appellant’s bed because he believed the appellant’s promise not to do anything. JB awoke to find the appellant on top of him trying to penetrate him again. Again JB moved around and the appellant stopped, hugging JB, and promising not to do it again.

JB testified the appellant did not stop, but tried again about a week later, this time successfully. On that occasion, the appellant pulled the bed sheet up over JB’s head. He then pinned down JB and forcible sodomized him. The appellant used so much force on that occasion to hold JB down that it hurt and JB could not move. JB testified the appellant thereafter continued to sodomize him four or five times per week for two and onehalf to three years.

The military judge, over trial defense counsel’s objection, also admitted evidence, under Mil. R. Evid. 413, that the appellant previously forcibly sodomized two other individuals. FS testified that in 1988 or 1989, when he was

between 10-12 years old, and the appellant was 17 or 18 years old, the appellant sodomized him multiple times. The two were playmates and FS sometimes stayed at the appellant’s house. On several occasions when he did so, the appellant, when he thought FS was sleeping, forcibly inserted his penis into FS’ anus. FS told him

to stop, but the appellant would not.

The appellant’s nephew, JK, testified the appellant sodomized him twice, both times when he was visiting his grandparents, the appellant’s parents. The first time was in the summer of 1989 when JK was about 6 years old and the

appellant was 19 or 20 years old. The second time occurred five years later in 1994, when JK was about 10-11 years old. Details of the assaults were testified to in court.

Given the magnitude of the appellant’s offenses, the impact those offenses had on the victim, and considering the appellant’s time in service, military record and all other matters in the record of trial, we find nothing inappropriately severe in the appellant’s punishment. The adjudged and approved sentence is fair, just, and appropriate. See Baier, 60 M.J. at 384.

Conclusion

The findings and sentence are correct in law and fact, and no error prejudicial to the substantial rights of the appellant occurred. Article 66(c), UCMJ; United States v. Reed, 54 M.J. 37, 41 (C.A.A.F. 2000). Accordingly, the findings and the sentence are AFFIRMED

Sentence adjudged 10 March 2005 by GCM convened at Altus Air Force Base, Oklahoma. Military Judge: Barbara E. Shestko. Approved sentence: Dishonorable discharge, confinement for 35 years, forfeiture of all pay and allowances, and reduction to E-1.