South Eastern Social Justice Breaking News Bulletin – 12-13-17 3:45 p.m. ET
Retired Army Sargent sentenced for beating a man at the Youth Challenge Academy at Fort Gordon, while another solder is sent to federal prison for a wild drunken crash on base
By Greg Peterson
South Eastern Social Justice Breaking News
Co-owner, News Director
906-273-2433
Two Fort Gordon solderers were sentenced on Friday in federal court in Augusta, GA – retired army sergeant admitted attacking Jaquan Tovarez Moore at the Youth Challenge Academy – and another solider admits driving drunk on base and causing two-car accident including striking a road sign.
Fort Gordon Soldier Wendy Shumans was sentenced to 30 days in a federal prison for the drunken crash.
Fort Gordon retied Sgt. Jerel Sampay was given 6 months probation.
Both were sentenced by U.S. Magistrate Judge Brian K. Epps on Fri., Dec. 8, 2017.
Fort Gordon Soldier Wendy Shumans who was unconscious behind the wheel of her car after the crash, pleaded guilty to a federal “DUI on a military reservation” charge for the Feb. 13, 2017 drunken two-vehicle wreck on base.
Retired army sergeant Jerel Sampay pleaded gully to simple assault for pounding Jaquan Tovarez Moore on Jan. 29, 2017 at the Youth Challenge Academy on base.
According to the base newspaper:
http://www.drum.army.mil/mountaineer/Article.aspx?ID=8867
In November 2014 Staff Sgt. Jerel D. Sampay, 7th Engineer Battalion, 1st Brigade Combat Team, retires with more than 17 years of active-duty service.
He served overseas in Alaska and during Operations Iraqi Freedom and Enduring Freedom. Sampay will retire in Watertown.
Sampay received the Meritorious Service Medal.
Federal prosecutors:
Asst. U.S. Attorney Christopher Troy Clark
Special Asst. U.S. Attorney Candace R. Cunningham, Office of the Staff Judge Advocate at Fort Gordon, GA.
Plea agreement for Fort Gordon Soldier Jerel Sampay (who was employed at the Youth Challenge Academy):
Victim in case is Jaquan Tovarez Moore
United States District Court Southern District of Georgia Augusta Division United States of America
Plea Agreement Defendant Jerel Sampay, represented by his counsel Joseph T. Rhodes, and the United States of America, represented by Special Assistant United States Attorney Candace R. Cunningham, have reached a plea agreement in this case. The terms and conditions of that agreement are as follows. L Guilty Plea Defendant agrees to enter a plea of guilty to Count One:
The elements necessary to prove the offense charged in Count One are (1) that the defendant assaulted Jaquan Tovarez Moore by striking him; and (2) the assault took place within the special maritime and territorial jurisdiction of the United States. Defendant agrees that he is, in fact, guilty of this offense.
He agrees to the accuracy of the following facts, which satisfy each of the offense’s required elements:
On 29 January 2017, Mr. Sampay was employed by the Youth Challenge Academy, located on Fort Gordon. The defendant entered the Youth Challenge Academy bay door and proceeded to shove the victim with his right arm, which knocked the victim onto a bunk. The victim got up and said something to the defendant, in response to which the defendant got into the victims face and shoved him.
The victim shoved the defendant back and the defendant shoved the victim in the face twice, which knocked the victim back onto a bunk. The defendant then struck the victim about the head with his right fist. The defendant and the victim continued to scuffle while others attempted to intervene. Soon after, cadre and other cadets were able to break up the fight.
3. Possible Sentence Defendant’s guilty plea will subject him to the following maximum possible sentence: Count One: Not more than 6 months imprisonment; a fi ne of not more than $5,000.00; and a $10 special assessment. 4. No Promised Sentence No one has promised the defendant that the Court will impose any particular sentence or a sentence within any particular range. The Court is not bound by any estimate of sentence given or recommendations made by the defendant’s counsel, the government, the U.S. Probation Office, or anyone else. The Court may impose a sentence up to the statutory maximum. The defendant will not be allowed to withdraw his plea of guilty if he receives a more severe sentence than he expects.
4. 5. Recommended Sentence The Government agrees to recommend a sentence consisting of a $1,000 fine, 100 hours community service, 6 months’ probation, and $10 special assessment.
5. 6. Court’s Use of Sentencing Guidelines The Court is obligated to use the United States Sentencing Guidelines to calculate the applicable guideline range for Defendant’s offense. The Sentencing Guidelines are advisory; the Court is not required to impose a sentence within the range those Guidelines suggest. The Court will consider that range, possible departures under the Sentencing Guidelines, and other sentencing factors under 18 U.S.C. § 3553(a), in determining the Defendant’s sentence. The Sentencing Guidelines are based on Defendant’s relevant conduct, pursuant to U.S.S.G. § IB 1.3, not just the conduct underlying the particular Count or Counts to which Defendant is pleading guilty.
6. 7. Agreements Regarding Sentencing Guidelines a. Use of Information Nothing in this agreement precludes the government fr om providing full and accurate information to the Court and U.S. Probation Office for use in calculating the applicable Sentencing Guidelines range. Any incriminating information provided by the defendant during his cooperation will not be used in determining the applicable Guidelines range, pursuant to Section 1B1.8 of the Sentencing Guidelines. b. Acceptance of Responsibility The government will not object to a recommendation by the U.S. Probation Office that Defendant receive a two-level reduction in offense level for acceptance of responsibility pursuant to Section 3El.l(a) of the Sentencing Guidelines. If the U.S. Probation Office makes that recommendation, and Defendant’s offense level is 16 or Case 1:17-po-00030-BKE Document 26 Filed 12/07/17 Page 3 of 11
Plea agreement:
Wendy Shumans “swerved off the road and struck a sign, moved back onto the road, and struck another vehicle. “
Investigator Stephen Lugo responded to the resulting call for service, and, upon arrival, saw the Defendant’s vehicle and the other vehicle that was involved in the accident.
Wendy Shumans “was discovered unconscious behind the wheel and did not respond after Investigator Lugo attempted to wake her up several times. Eventually the Defendant awoke long enough to initiate a Standardized Field Sobriety test but Law Enforcement personnel were unable to complete it due to the Defendant’s intoxicated state.”
Shumans “was transported to the hospital by EMS and a blood sample was taken. The Defendant was advised of GA implied consent and agreed to the blood draw. The medical facility kept the Shumans “overnight, and during the next day Investigator Lugo read the Defendant her rights and the Defendant agreed to answer questions.”
Shumans stated that she did not recall striking a sign, hitting another vehicle, or even that an accident had occurred.”
Shumans “did say that she had consumed three bottles of wine the morning of the incident. The toxicology report showed a BAG of 0.337%.”
The Acting United States Attorney Charges That:
COUNT ONE On or about the 13th day of February, 2017, in the Southern District of Georgia, the defendant, Wendy Shumans, at a place within the special maritime and territorial jurisdiction of the United States, namely, the Fort Gordon Military Reservation, on land acquired for the use of the United States and under its jurisdiction, was unlawfully driving a moving vehicle while under the influence of alcohol to the extent that it was less safe for her to drive, from alcohol consumed before such driving ended, i
COUNT TWO On or about the 13th day of February, 2017, in the Southern District of Georgia, the defendant, Wendy Shumans, at a place within the special maritime and territorial jurisdiction of the United States, namely, the Fort Gordon Military Reservation, on land acquired for the use of the United States and under its jurisdiction, was unlawfully driving a moving vehicle while her alcohol concentration was in excess of 0.08 grams, this concentration being present at a time within three hours after such driving ended, from alcohol consumed before such driving ended,
On or about the 13th day of February, 2017, in the Southern District of Georgia, the defendant, WENDY SHUMANS … the Fort Gordon Military Reservation, on land acquired for the use of the United States and under its jurisdiction, was unlawfully driving a moving vehicle while her alcohol concentration was in excess of 0.08 grams, this concentration being present at a time within three hours after such driving ended, from alcohol consumed before such driving ended,
Count: 1 Citation: 18:13-7210.M Offense Level: 3
DUI on a Military Reservation
Count: 1s Citation: 18:13-7210.M Offense Level: 3
18 U.S.C. § 7 & 13 DUI on a Military Reservation
Count: 2s Citation: 18:13-7210.M Offense Level: 3
18 U.S.C. § 7 & 13 DUI on a Military Reservation
Asst. U.S. Attorney Christopher Troy Clark
Special Asst. U.S. Attorney Candace R. Cunningham, Office of the Staff Judge Advocate at Fort Gordon, GA.
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