The following case results are provided to show areas in which Kyle has experience. The final result in a case depends on myriad of factors including, but not limited to, the strengh of the Government's evidence, client's evidence, client's demeanor, the chain of command, the military judge, the military panel, etc. All cases are different based on these factors and, therefore, are completely unreliable in determining the result of any future case where Kyle is acting counsel. No attorney can or should guarantee you a result, as it would be a violation of the Rules for Professional Responsibility to do so.
2005--NCO with over 10 years of service was charged with Assault, Illegally storing 30 unregistered weapons in barracks, adultery, and larceny was facing over 10 years in prison. When Kyle got the case, the NCO's TDS attorney was advising him to request separation with an Other than Honorable discharge in lieu of court martial, and he refused because he wanted to stay in the military and retire. Kyle drafted an aggressive 30-page motion to dismiss for unlawful command influence, which reflected poorly on the SJA’s office, as well as the Convening Authority. Three days after filing the motion, the General Court Martial was dismissed and the NCO received a Field Grade Article 15 for the weapons charges, where Kyle represented the NCO in front of his Brigade Commander. The NCO kept his rank and only forfeited a half-month’s pay for two months. The Article 15 was filed in his restricted fiche.
2006--Lieutenant charged with Conduct Unbecoming an Officer, Obstruction of Justice, and various multiplicious charges involving importing an automatic machine gun. Kyle uncovered evidence of an ex parte communication between the trial counsel and Article 32 officer and was granted a new Article 32, after which the government dismissed the charges involving the machine gun, but pursued the conduct unbecoming and obstruction charges. The LT was acquitted of all the remaining charges. The Ft. Benning SJA’s office was so upset with the verdict that the Chief of Military Justice appointed himself as a Special Assistant to the US Attorney and had the LT prosecuted at the US District Court in downtown Columbus on the dismissed weapons charges. Kyle assisted the Officer's criminal defense attorney on the Federal case, and his attorney got the LT a full acquittal, as well.
2006--Retirement eligible Junior Enlisted Soldier charged with Assault with attempt to Commit Rape, indecent assault, adultery, False Official Statement, disobeying a lawful order, 2 DUI’s, and fleeing apprehension. Kyle argued two successful motions to dismiss the False Official Statement and disobeying lawful order charges. Soldier was acquitted of the rape and indecent assault charges. After facing over 40 years in prison, a dishonorable discharge, and loss of his retirement, he was convicted of the DUI's and fleeing apprehension and sentence to 120 days confinement, reduction to E-3. Soldier retired from the Army.
2006--NCO accused of raping another soldier in Afghanistan was facing life in prison. Court martial was dismissed after the Article 32 hearing after diminishing the credibility of the “victim.”
2006--Junior enlisted Ranger accused of raping a local Columbus girl was facing life in prison. Court martial was dismissed after the Article 32 hearing after Kyle diminished the credibility of the “victim” through an aggressive cross examination and investigation.
2006--NCO accused of raping another soldier at Guantanamo Bay was facing life in prison. Court martial was dismissed after the Article 32 hearing after Kyle diminished the credibility of the “victim” through an aggressive cross examination and investigation.
2006--NCO MP was facing charges of assault with a deadly firearm, willful discharge of a firearm, communicating a threat, and unlawfully using the “n” word (client and victim were both African American). MP was acquitted of all charges. The Ft. Benning SJA’s office filed a vindictive bar complaint against Kyle where he defended himself, and was cleared by the Florida bar in a letter that referred to him as being a “zealous advocate.”
2006--Senior NCO was facing over 20 years in jail for manslaughter of trainee. After Kyle presented the NCO's case, the military judge dismissed the manslaughter charge, but NCO was convicted of negligent dereliction of duty. Sentence: Forfeiture of $1,000 per month for 3 months and a reprimand. NCO kept his rank and will retire.
2005--Junior enlisted Soldier was charged with two false official statements, larceny and forgery of a Muscogee County Superior Court Judge’s signature. Capitalizing off of the Trial Counsel’s lack of investigation, Kyle showed that the soldier was not guilty of the forgery and two false official statements. The soldier was injured and needed VA Benefits and an honorable discharge, which he ultimately received.
2005--HIV positive NCO charged with Carnal Knowledge, Aggravated Assault, Indecent Acts, and Sodomy with a female under age of 16 was facing life in prison. Was sentenced to a Dishonorable Discharge, Confinement for 22 years, Reduction to E-1,Total Forfeitures of all pay and allowances. Negotiated a pretrial agreement of only 6 years in jail, which ultimately took 16 years off his sentence.
2005--Senior NCO close to retirement was charged with Insubordinate Conduct and Disrespect after he refused to take a summary court martial because he knew he would lose a stripe. He was convicted, but he kept his rank and received field grade Article 15 forfeiture.
2008--Officer was being investigated for fraud and accepting over $100,000.00 in stolen money from Iraq. Kyle advocated on client's behalf with Federal Prosecutor, as well as the Officer's chain of command, and the investigation was dropped. Result: No charges filed.
2009--Junior enlisted Soldier who was set to be medically discharged faced General Court Martial and 20 years of prison for larceny and filing false claims. Soldier wanted to be retained in the Army, so she could receive disability benefits. Ultimately, Soldier was convicted despite an aggressive cross examination of the key Government witness, but the Soldier was retained by the panel and will have a chance to file for a VA claim.
2009--Soldier accused of rape by female in unit retained Kyle immediately. Kyle conducted his own investigation and advocated on behalf of Soldier with the local authorities, as well as CID. Result: No charges filed by the local authorities or the Soldier's Chain of Command.
2009--Officer retained Kyle the day before his General Court Martial where he was accused of a two-month AWOL and Larceny and was set to plead guilty where he would be convicted of a felony and could have faced four months in jail pursuant to a plea agreement. Kyle successfully litigated a motion for a new Article 32 hearing and personally met with the Soldier's chain of command where he advocated for a resignation in lieu of court martial for the Soldier. Result: No felony conviction, no jail time, no punitive discharge, no forfeiture of pay.
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