ELMENDORF AIR FORCE BASE, Alaska (AFPN) -- An Airman here was sentenced to three years confinement, reduction to airman basic and a dishonorable discharge in court-martial proceedings here Feb. 23.
Staff Sgt. Brian Malone, a 3rd Operations Support Squadron weather forecaster, pleaded guilty to 21 specifications of violating two articles of the Uniform Code of Military Justice while being found not guilty of three other specifications.
The charges stem from numerous Internet chats Sergeant Malone had in 2004 with federal agents and other adults posing as underage girls, as well as with at least one underage girl.
He pleaded guilty to charges that he was involved in indecent communications with, and transmitted indecent images to a minor over the Internet. He also pleaded guilty to possessing child pornography, and violating specific federal laws by attempting to use a “means of interstate commerce” to transmit obscene images to a minor via the Internet and attempting to entice a minor to engage in unlawful sexual activity via the Internet, said Capt. Charles Hebner, 3rd Wing Legal Office and one of the Air Force prosecutors in this case.
The means of interstate commerce used to violate the federal laws were an interactive computer service and a computer-generated Web site on the Internet, according to the charge sheet.
Sergeant Malone was found not guilty to charges of attempted sodomy with a minor, attempted carnal knowledge with a minor and attempted indecent acts with a minor because his actions were deemed by the court to be mere preparations for committing an offense, not an actual criminal attempt, Captain Hebner said.
A local citizen noticed some of this criminal activity and reported it to the federal authorities, said Maj. Thomas Spring, Detachment 631, Air Force Office of Special Investigations commander here. Agents with the U.S. Customs Service contacted and worked closely with AFOSI when they realized the subject of the investigation was an Airman. The joint investigation that followed resulted in these charges being brought against Sergeant Malone, an almost 10-year Air Force member.
“This case was a great example of the military justice system at its best,” Captain Hebner said. “The government conducted a thorough joint investigation and as a result we were able to put on a strong case where Sergeant Malone was convicted of 21 violations of the UCMJ. He was also acquitted of three other violations by the military judge in the case, which shows that the accused truly had his day in court.
“The important thing here is that through this joint investigation and successful prosecution, a spider is now off the Web and on his way out of our Air Force,” Captain Hebner said.