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Fairchild Airman court-martialed, sentenced for larceny, failure to obey

  • Published
  • 92nd Air Refueling Wing Legal Office
On June 21, 2014, Senior Airman Kenneth L. Shown from the 92nd Maintenance Squadron was tried at a special court-martial and pled guilty to one charge and specification of larceny. He was found guilty of one charge and specification of the wrongful possession of an intoxicating substance with the intent to use in a manner that would alter mood or function.

Shown's offenses were a violation of Article 121, Larceny, and a violation of Article 92, Failure to Obey a Lawful Order, of the Uniform Code of Military Justice.

Regarding the larceny charge, Shown was found guilty of stealing government equipment in excess of $500. During the trial, Shown admitted to stealing government equipment from the 92nd MXS metals technology shop of a value greater than $5,000. These items included, but were not limited to, hundreds of drill bits, silver soldering sticks, hand tools, welding torch heads, full wire spools, and assorted other mechanic tools.

When addressing the failure to obey a lawful order charge, the government presented evidence of Shown possessing "Brainfreeze" potpourri within his home. "Brainfreeze" potpourri is also commonly referred to as Spice. The government presented photos of Shown's glass pipes next to the Spice and testimony by 92nd Security Forces Squadron detectives regarding the intoxicating effects of inhaling Spice when smoked. The members of the court-martial found that Shown had possessed "Brainfreeze" potpourri, that the substance was intoxicating, and that Shown intended to use the substance to alter his mood or function. The possession of an intoxicating substance with intent to use violates Air Force Instruction 44-120, Military Drug Reduction Program.

Shown was sentenced to six months in confinement, reduction in grade to E-1, forfeiture of $1,021 pay for six months, and a reprimand.

The maximum penalty in a special court-martial is one-year confinement, a bad conduct discharge, two- thirds forfeitures of pay per month for 12 months, and a reduction in grade to E-1.