Airman found guilty of charges in general court-martial

  • Published
MALMSTROM AIR FORCE BASE, Mont. --  A general court-martial was held here Dec. 9-13, 2009 in the case of United States v. Senior Airman David J. Janssen. Airman Janssen, a member of the 341st Logistics Readiness Squadron, was charged with one specification of rape using force, two specifications of assault consummated by battery, one specification of communicating a threat, two specifications of obstructing justice, one specification of disobeying a noncommissioned officer and one specification of breaking restriction to the limits of Malmstrom Air Force Base.

At trial, Airman Janssen elected to be tried by officer members and pled not guilty to all charges. The panel of officer members found Airman Janssen guilty of rape using force, both specifications of assault consummated by battery, disobeying a noncommissioned officer, breaking restriction and one specification of obstructing justice. The panel found him not guilty of communicating a threat and one specification of obstructing justice.

The rape using force, and both specifications of assault consummated by battery, occurred on Feb. 15, 2009. Airman Janssen was arguing with his girlfriend, who lived with him and the argument escalated. Airman Janssen's girlfriend told him that she was leaving and began to pack. When she attempted to retrieve her son, Airman Janssen would not let her pass and shoved her into the bedroom. He proceeded to rape and physically assault her.

After the rape, Airman Janssen's girlfriend again said she wanted to take her son and leave. Airman Janssen then grabbed her and attempted to tie her arms behind her back with a belt. After getting free from the belt, she tried to exit the room once again, but Airman Janssen grabbed her and proceeded to choke her up against a wall. He then tried to tie her up with a rope. She was eventually able to escape the house and called 911.

Following the findings phase of the court martial, the court entered the sentencing phase of the trial where court members decided on an appropriate punishment. During the sentencing phase of the trial, both the defense and prosecution presented evidence and argument for members to consider in determining an appropriate sentence. Following several hours of deliberation, the panel sentenced Airman Janssen to a bad conduct discharge, confinement for 12 years and 8 months, forfeiture of $1,300 pay per month for 12 years, and reduction in rank to airman basic. Airman Janssen will also have to register as a sex offender. Airman Janssen now has the opportunity to submit a request for clemency to Maj. Gen. Roger W. Burg, 20th Air Force commander and the general court-martial convening authority.