Vance airman pleads guilty to sexual acts with a child, lewd conduct

  • Published
  • By Joe B. Wiles
  • 71st Flying Training Wing Public Affairs
VANCE AIR FORCE BASE, Okla. --  A 19-year-old Vance airman was convicted of committing a sexual act on a child under the age of 16 during a general court-martial held here Aug. 30.

Airman 1st Class Keith Jones was also convicted of committing lewd acts on a different child under the age of 16.

He was sentenced to five months of confinement and reduction in rank to E-1.

Jones pled guilty and had entered into a pre-trial agreement on punishment with the Air Force's prosecuting attorney. A court-martial was conducted to determine if the military judge would accept the guilty plea and what punishment was required.

An investigation conducted by the Air Force Office of Special Investigation, Detachment 438 at Vance Air Force Base, lead to the charge filed against Jones.

The detachment received a tip from a concerned citizen saying that an active duty airman had been sexually involved with a minor female. AFOSI agents identified the airman and the minor victim.

Agents also identified a second minor victim the airman had exchanged lewd materials with via online messaging.

When the court-martial was convened Aug. 30 in the federal courtroom on base, Jones, a member of the 71st Medical Operations Squadron, elected to be tried by a military judge alone. He could have asked for a court panel of officers and enlisted members.

The judge was Lt. Col. Bradley Cleveland, from Randolph Air Force Base, Texas. He reminded Jones of his rights throughout the court-martial. At the beginning of the proceedings, Cleveland said to Jones, "I want you to understand and comprehend everything that is going on today."

Cleveland questioned Jones in detail about his actions in each of the six specifications under the charge brought against him to determine if Jones' guilty plea was acceptable and decide on an appropriate punishment.

The judge explained to Jones that during the court-martial, a child is a person who had not reached the age of 16. Consent to a sexual act was not applicable because a child cannot consent.

If Jones had honestly believed the victim was 16 or older, it could be a viable defense. However, in response to Cleveland's questions, Jones admitted that while he could have found out, he was indifferent to the victim's age during the first of four sexual acts.

Jones committed the first sexual act on the victim in her bedroom at her grandparents' home in a town west of Vance AFB. The second was committed the following morning in the same location. It was at this time the victim informed Jones that she was 15 years old by showing him her Oklahoma ID card.

Three days later the victim invited Jones back to her grandparents' home where he committed the third and fourth sexual act.

According to Jones, the grandparents were home at the time of each of the four sexual acts.

Cleveland asked Jones if he believed his actions were wrongful. Jones replied, "Yes."

When the judge asked why Jones thought his actions were wrongful, Jones said, "I should have asked her age. I knew under the law if she was under 16 it was unlawful."

The fifth and sixth specification of the charge against Jones, committing lewd acts, involved sending a photo of his genitals via text message to a different 15-year-old female and requesting she send him a nude photo of herself.

Cleveland asked Jones who suggested he send the photo to the 15 year old. "It was my idea," said Jones. When asked why, Jones said to satisfied his own sexual desires.

The victim sent several nude photos of herself back to Jones, according to his testimony.

Cleveland asked Jones if he knew how old the victim was. Jones said, "Yes." He had gone to school with her in Wisconsin.

When the judge asked Jones if he believed his actions were wrongful, Jones said they were morally wrong considering the victim's age.

Cleveland found Jones guilty of all six specifications of the charge against him. A recess was called before the sentencing phase of the court-martial began.

Under the Uniform Code of Military Justice, the maximum sentence Jones could face was a reduction in rank to E-1, confinement for 150 years and a dishonorable discharge. Because of the pre-trial agreement in exchange for a guilty plea, the punishment was limited.

When the court-martial reconvened, Jones' attorney, Capt. Eric Hart with the Area Defense Counsel at McConnell Air Force Base, Kan., called Jones' mother to testify via telephone.

Hart asked her what kind of person Jones was.

She said he was a very good listener, helpful to others, trusting and a true procrastinator with a wonderful sense of humor.

She also testified that Jones had grown up in an abusive and controlling environment and was very protective of his younger sister.

Jones was then given the opportunity to make an unsworn statement to the judge.

"I'm sorry," he said. "I've done something wrong and have discredited the Air Force."

Jones apologized to his unit, his family and to the U.S. Air Force. He said he had made mistakes and would not make those mistakes again.

The prosecutor in the court-martial, Capt. Megan Schmid with the 71st Flying Training Wing legal office here, argued in favor of a punitive discharge and a period of confinement. She pointed out that Jones had taken advantage of two separate 15-year-old girls. He had committed sexual assault on three separate occasions and even had a second victim.

Schmid said Jones deserved confinement for rehabilitation and deterrence.

She emphasized that confinement and a punitive discharge would send a message to all Airmen that this kind of behavior will not be tolerated by the U.S. Air Force.

Jones' defense attorney pointed out that what happened here was immaturity. A 19-year-old and a 15-year-old had a relationship, one physical and one via texting. Jones had admitted breaking the law, but there was no evidence of physical harm or aggravation.

Hart suggested that a short term of confinement would be appropriate for rehabilitation. A term that would correct but not destroy. He said that while confinement would be appropriate, a punitive discharge would severely affect future opportunities for Jones.

The judge called a recess while he determined Jones punishment.

When the court-martial reconvened, Cleveland sentenced Jones to reduction in rank to E-1 and five months confinement.

Jones was placed in the Garfield County Detention facility until he can be transferred to McConnell Air Force Base where he will serve his confinement.