Name: Troy B. Jenkins
Case: U.S. v. Jenkins
Convicted: November 29, 2000
Plea: Guilty
Charges: Rape and forcible sodomy
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry? NO
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Troy B. Jenkins
Quartermaster Third Class (E-4), U.S. Navy
Military Sex Offender
Rape and Forible Sodomy
The appellant was tried by a general court-martial composed of a military judge sitting alone. Consistent with his pleas, the appellant was convicted of rape and forcible sodomy. Contrary to his pleas, the appellant was convicted of committing an indecent act by engaging in sodomy with the victim of the rape and forcible sodomy, while in the presence of another person.
On the evening of 4 August 2000, the appellant was out with Seaman (SN) Mark Metcalf. During the evening, the appellant consumed about five glasses of wine. After midnight, during the early morning hours of 5 August 2000, the appellant was driving back to SN Metcalf's apartment, located in military housing in Bremerton, Washington.
While driving through the parking lot of a Denny's restaurant, the appellant saw Ms. D getting into a car. Although the appellant did not know Ms. D, he waved to her and shouted a greeting. Ms. D walked to the appellant's car and asked, "Can you get me out of here?" The appellant said that he could, and Ms. D got into the back seat of the car. SN Metcalf then joined her in the back seat.
When Ms. D got into the car she began crying and was "very distraught." Ms. D asked the appellant to get her out of there, and to take her to a hotel or anywhere. Since the appellant was already on the way to SN Metcalf's apartment, he took her there.
When they arrived at the apartment, around 0145, SN Metcalf and Ms. D went straight to the bedroom. The appellant went to the sofa in the living room. When Ms. D came out of the bedroom, 15 minutes later, she was wearing a red tank top and a black leather jacket. She also had her pocketbook. The appellant heard Ms. D say, "I'm out of here. I'm leaving."
appellant heard Ms. D say, "I'm out of here. I'm leaving." Id. at 28. The appellant never heard the door open, but he did hear a fall. Shortly after hearing a fall, he heard SN Metcalf ask him to come over. The appellant went into the hallway and saw that SN Metcalf was holding Ms. D down on the floor. She was in a seated position, with her back against the wall. SN Metcalf was kneeling in front of her and he had her pinned up against the wall. SN Metcalf then told the appellant to get some condoms out of his bedroom. The appellant got some condoms and put one on. When he came back into the hallway, SN Metcalf had Ms. D perform oral sex on the appellant.
Although the appellant did not know what SN Metcalf had done to Ms. D, the appellant did hear the fall and saw SN Metcalf holding her down, pinning her against the wall. Ms. D never gave any indication to the appellant that she wanted to have oral sex with him and they never discussed it. The appellant, however, acknowledged that Ms. D did not consent to performing the oral sex.
When the oral sex with the appellant was completed, SN Metcalf told Ms. D to go to the bedroom. SN Metcalf walked behind her, holding her elbows and pushing her into the bedroom. The appellant heard SN Metcalf tell Ms. D to take her shirt off. He also heard a sound, like her head hitting the wall, and she started to moan. "[S]he said 'Ow' to indicate that she was in pain or she was hurt."
After it got quiet in the bedroom, the appellant walked into the bedroom. When the appellant went into the bedroom, his penis was already erect and he was wearing a condom. As he entered the room, he saw SN Metcalf ejaculate onto Ms. D 's face. SN Metcalf then told the appellant, "Okay. Go ahead." The appellant wiped the semen off of Ms. D's face and then engaged in sexual intercourse with her.
Also while the appellant was having sex with Ms. D, she asked for water. Initially the appellant refused to get her any. When she persisted, the appellant left the bedroom to get her water. While he was gone from the room, Ms. D jumped out of the bedroom window, located on the second floor of the apartment complex. The appellant then heard the downstairs neighbors saying, "Call the ambulance. Call the police."
Upon reassessment of the sentence, we approve only so much of the sentence as extends to confinement for 9 years, reduction to pay grade E-1, forfeiture of all pay and allowances, and a dishonorable discharge.
