VILSECK, Germany — A 172nd Infantry Brigade soldier who slashed two 2nd Stryker Cavalry Regiment soldiers with a bottle and a box cutter on consecutive nights will serve four years in prison for aggravated assault.
Pfc. James Roberts, 23, was found guilty at the Rose Barracks courthouse Wednesday of striking Pvt. Luis Torres with a bottle outside Pearls nightclub in Nabburg on Nov. 20, days before his unit was to deploy to Iraq. He was also found guilty of slashing the face of Staff Sgt. Grady Alexander with a box cutter during an altercation outside Grafenwöhr Training Area’s Gate 1 the following night.
Prominent scars could be seen on Alexander’s face when he testified Tuesday, and prosecutors displayed photographs of his and Torres’ bloody injuries for the military jury during closing arguments.
Roberts’ lawyer, Capt. Evan Seamone, tried to convince a jury that his client, a short, slightly built man, acted in self-defense in both instances.
"You see how small Roberts is compared to Torres. Roberts was the smallest person in the club. It’s like David and Goliath," Seamone said before suggesting that a group of soldiers waited outside to beat Roberts after a bathroom altercation.
"He (Roberts) had to resort to that bottle for the protection of his very life," he said.
However, the prosecutor Capt. Greg O’Malley, told the court that Roberts could not have reasonably feared death or grievous bodily harm in either incident and did not have the right to inflict grievous bodily harm on others.
"Spc. Torres was cut so bad that a chunk of flesh was hanging down over his eye. They had to grab a towel and put that piece back in and hold it there. He was covered in blood and the other soldiers (who helped him) were covered in blood," he said.
Roberts left Pearls with a bottle in his pocket looking for a fight, O’Malley said.
"Not just any fight. A fight he could win. If you bring a weapon to a fistfight, the odds change drastically. Having a weapon greatly increased his chances of causing major damage," he said.
The following night, Roberts intentionally inflicted grievous bodily harm to Alexander, O’Malley said.
"One cut penetrated so deep that Alexander could feel it on the inside of his mouth with his tongue," he said.
The prosecution lawyer held up the box cutter for the jury to examine.
"This is not a dollar-store box cutter. This is huge. This is not something you are going to walk out of the barracks with and not know you have it," he said, adding that Roberts must have extended the blade while the box cutter was still in his pocket and before the altercation turned physical.
Even if the jury believed that Roberts was attacked by Alexander, there was no reason for him to fear for his life, since German police were nearby.
"He was reacting to a fistfight with a box cutter. A reasonable person would not say ‘I must use a 2-inch blade to a soldier’s face’ when the police are right there," O’Malley said.
Roberts pleaded guilty to a charge of assault relating to a separate incident and was found guilty of resisting arrest and disrespecting a noncommissioned officer in a fourth incident.
He faced a maximum sentence of 12 years and seven months in prison.
He was sentenced to four years of confinement, given a dishonorable discharge, reduced in rank to private and ordered to forfeit all pay and allowances.
