United States v. Shepherd

DECISION

Appellant stands convicted by a general court-martial composed of members of aggravated assault in violation of Article 128, UCMJ, 10 U.S.C. § 928. He was found not guilty of attempted larceny of a car stereo. His approved sentence extends to a bad conduct discharge, confinement for three months, partial forfeitures and reduction to airman basic.

On the evening of 5 November 1988, Airman First Class Kevin Kobylski was celebrating a friend’s birthday at an off-base club near Fort Walton Beach, Florida. At about 2230 he took his girlfriend outside to show her his recently acquired Suzuki…