Former Shore Chan LLP lawyer successfully defends Marine involved in fatal accident
Captain
Jonathan Walther, a Marine Corps JAG officer, successfully defended his client
in legal proceedings following a fatal accident that claimed nine lives.
On
July 30, 2020, a Marine Corps Assault Amphibious Vehicle (AAV) sank off the
coast of San Clemente Island in California, resulting in the deaths of eight
Marines and one Navy Corpsman.
According
to a U.S. Naval Institute report of a separate command investigation, "the
deaths were the result of poor training, a vehicle in 'horrible condition,' and
lapsed safety procedures in a rush to deploy an operational AAV platoon."
https://news.usni.org/2021/03/25/investigation-7-month-long-chain-of-failure-led-to-9-killed-in-aav-sinking.
Marine
Gunnery Sergeant Trevor Johnson was on board the AAV that sank and served as
the Section Leader and its de facto Vehicle Commander.
Captain
Walther, along with his co-counsel Captain Brian Cordero, defended Gunnery
Sergeant Johnson in an Administrative Separation Board on the basis of a
Commission of a Serious Offense, namely a violation of UCMJ Art. 92 Dereliction
of Duty Causing Death.
Captain
Walther's opposing counsel included the head prosecutor of the Western Circuit
of the Marine Corps (a Lieutenant Colonel) and a member of the complex trial
team (a Major).
Captain
Walther handled voir dire, opening argument, and cross-examination of a
Government witness.
After
a three day trial and 20 minutes of deliberations, the Board returned a verdict
equating to a full acquittal.
The
case has been widely reported in the media, in which Captain Walther has been
extensively quoted.
See, e.g., https://www.ocregister.com/2022/02/26/hearings-for-leadership-in-fatal-aav-sinking-wrap-up-at-camp-pendleton/.
Before
serving on active duty, Captain Walther practiced law with the firm Shore Chan
LLP after graduating from Southern Methodist University's Dedman School of Law
as a Sumner Scholar.
"We
are extraordinarily proud of Jonathan's accomplishment and his service to our
country," states Alfonso Garcia Chan, partner of Shore Chan LLP.
Shore
Chan LLP is a Dallas-based law firm that has included several veterans of the
Army, Navy, Air Force, and Marine Corps among its lawyers and staff.