In the Media

Task & Purpose

Jeff Schogol
Nov 15th, 2023

Marine faces court-martial after 14-year-old girl found in his room

If Rosario’s defense can persuade a judge or military panel that he had a reasonable belief that the girl was the legal age of consent, then Rosario could be found not guilty of the sexual assault charges, Barthel told Task & Purpose on Wednesday.

The San Diego Union-Tribune

Andrew Dyer
Sep 24, 2022

Navy Prosecutors Say Circumstantial Evidence Enough

Barthel said he thought it odd prosecutors only called one NCIS agent — one who left the case early in October 2020 — and not the co-supervising agent. Barthel said that agent was involved in NCIS’ monthslong pursuit of another suspect they eventually cleared, and that alternative theory will be a big part of Mays’ defense.

Task & Purpose

Marty Graham
October 14, 2022

WHAT IF THE SAILOR CHARGED IN THE BONHOMME RICHARD FIRE WAS ACTUALLY A MINOR HERO?

“Like many sailors, Seaman Mays spent the first day of the fire doing what he could to support Fed Fire,” Barthel said, referring to Federal Fire & Emergency Services which initially responded. Mays and shipmates returned every day until the fire was out to support firefighting efforts.

NBC7 San Diego

Jackie Crea
September 28, 2022

DAY 8: BONHOMME RICHARD ARSON CASE TESTIMONY ENDS; FOCUS ON FORMER SAILOR MCGOVERN

The prosecution then brought electrical engineer Michael Abraham, who testified about his analysis of damaged forklift batteries found on site, as not the cause of the fire. The defense refuted this claim. Mays’ former attorney, Gary Barthel, who’s not involved in this part of the case, summarized each legal team’s plan of action.

ABC10 News San Diego

Natay Holmes, Michael Chen
September 27, 2022

DEFENSE RESTS IN U.S.S. BONHOMME RICHARD TRIAL, PROSECUTION TO BEGIN ITS CASE

The defense rested on the second day of the trial of the navy sailor accused of starting fire aboard the U.S.S. Bonhomme Richard.

CBS8 San Diego

Kelly Hessedal
September 26, 2022

DEFENSE TEAM BEGINS PRESENTING ITS CASE IN USS BONHOMME RICHARD TRIAL

Monday, the defense team called MA1 Jonathan Cannon to the stand. He testified he also helped transport Mays to the brig, but said he did not hear any confession from him.

FOX5 San Diego

Jason Sloss
September 23, 2022

NO JURY FOR COURT-MARTIAL OF SAILOR ACCUSED OF SETTING BONHOMME RICHARD FIRE

“It appears that the government tried to hide that evidence during the course of their investigation,” Gary Barthel, a defense attorney who previously represented Mays, told reporters during a court recess.

FOX5 San Diego

Jason Sloss
September 22, 2022

USS BONHOMME RICHARD TRIAL: KEY WITNESS SPEAKS ON DAY 4

Gary Barthel, Mays’ former attorney, says cross-examination revealed inconsistencies in Velasco’s story. “Velasco admitted that he didn’t say anything to anybody on the day of the fire, that he saw anybody down there,” Barthel said.

FOX5 San Diego

Zara Barker
September 21, 2022

DAY THREE OF USS BONHOMME RICHARD FIRE TRIAL CONCLUDES, ALLEGED STAR WITNESS EXPECTED THURSDAY

“I think the government is putting on the best case they can in regards to what they believe caused the fire and the witnesses they are presenting today are to try and rule out any other potential causes,” Gary Barthel who represented Mays previously said. “Velasco, the alleged eyewitness who saw a maze go down into the Lower V, he will probably be a witness {Thursday} for the government.”

CBS8 News San Diego

CBS8
September 20, 2022

DAY TWO OF TRIAL SET FOR NAVY SAILOR ACCUSED IN USS BONHOMME RICHARD ARSON IN SAN DIEGO

Ryan Sawyer Mays, 21, faces charges of arson and willful hazarding of a vessel for allegedly setting the blaze that began July 12, 2020, and burned for several days.

Coffee or Die

Tom Wyatt
September 20, 2022

DAY 5 OF USS BONHOMME RICHARD ARSON TRIAL

“The reason they want to do that is because if Seaman Mays made untruthful statements about little things, then he would probably be untruthful with regard to major events, such as whether or not he went down to the lower v,” Barthel said.

Military.com

Konstantin Toropin
March 31st, 2022

SAILOR CHARGED IN BONHOMME RICHARD FIRE WILL HEAD TO TRIAL IN SEPTEMBER

Mays has maintained his innocence since the charges were first announced. Mays’ lawyer, Gary Barthel, previously told Military.com that their position is “that the Navy’s not looking for justice, in this case.”

KPBS News

Steve Walsh
March 10, 2022

NAVY ARSON COURT MARTIAL MOVES FORWARD

“She does not believe that the evidence supports the case going to trial because she does not believe the government will be able to prove their case beyond a reasonable doubt,” said Gary Barthel, the attorney who represented Mays during hearings in December.

NBC 7 San Diego

Bill Feather
February 25, 2022

CHARGES UPHELD, SEAMAN ACCUSED IN USS BONHOMME RICHARD FIRE TO FACE COURT-MARTIAL

“Seaman Mays is disheartened that the same Navy Leadership that appointed Capt Tang to preside over the preliminary hearing, has decided to disregard her recommendation that the case NOT proceed to trial and instead has made the decision to move forward with a trial in his case,” Barthel wrote in a statement shared with NBC 7.

Navy Times

Geoff ZieZulewicz
February 25, 2022

Sailor accused of torching USS Bonhomme Richard will go to court-martial, Navy decides

According to Barthel, Capt. Angela Tang, the legal officer who presided over December’s preliminary hearing and heard evidence in the case, recommended to Koehler that the case not go to court-martial.

KPBS News

Steve Walsh
December 17, 2021

NAVY FACES TOUGH TASK PROVING ARSON IN USS BONHOMME RICHARD FIRE

“Obviously, his attitude has changed now given allegations that have been made against him. But his intent was always to return back to BUD/S and be a SEAL,” Barthell said.

Task & Purpose

Marty Graham
December 16, 2021

SABOTEUR OR FALL GUY? INSIDE THE NAVY CASE AGAINST SAILOR ACCUSED OF TORCHING THE USS BONHOMME RICHARD

Barthel’s remarks to the hearing officer closed the three-day preliminary Article 32 hearing to see if prosecutors have enough evidence to go forward with the court-martial of Mays, who is charged with hazarding a ship and aggravated arson for allegedly setting a fire on the USS Bonhomme Richard July 12, 2020. The fire burned for almost five days and left 63 people who fought the fire injured.

Task & Purpose

David Roza
December 13, 2021

HERE’S THE CHARGE SHEET OF THE SAILOR ACCUSED OF SETTING A $1.4 BILLION WARSHIP ON FIRE

In August, Mays’ attorney, Gary Barthel, downplayed the NCIS affidavit in an interview with the San Diego Union-Tribune. “The warrant is just an affidavit from an (NCIS) agent,” Barthel told the newspaper. “It’s always possible the evidence will show this warrant was not valid.”

The San Diego Union-Tribune

Andrew Dyer
July 12, 2021

A YEAR AFTER BONHOMME RICHARD CAUGHT FIRE, NAVY SAYS ONE INVESTIGATION IS COMPLETE

“He was initially placed in pretrial (confinement) and released,” Barthel said. “He has not been charged with any offense and is going about his Navy duty. Whatever their rationale was back then, he’s since been released and has no restrictions on him whatsoever.”

The San Diego Union-Tribune

Andrew Dyer
July 7, 2019

NAVY SEALS WHO TESTIFIED AGAINST THEIR CHIEF SAY CASE EXPOSES CRACKS IN MILITARY JUSTICE SYSTEM

“Typically when somebody gives someone a grant of immunity they know what they’re going to testify to,” said Gary Barthel, a military attorney who spent 20 years in the Marines, 16 as a JAG lawyer.

KQED News

Steve Walsh
May 24, 2019

NAVY SEAL, WHO FACES WAR CRIMES CHARGES, TO GO ON TRIAL NEXT WEEK

Not all countries have rules of engagement, and we do. We want the world to know that we’re a country that abides by these rules. And if we’re captured as a prisoner by the enemy, you know, we would expect that they would treat our prisoners just as we would treat theirs.

KSTP-TV

Eric Chaloux & Joe Augustine
February 21, 2019

SEX, LIES AND DISGRACE: THE HONORABLE DISCHARGE OF A COMMANDER IN MINNESOTA’S NATIONAL GUARD

Lt. Col (Ret.) Gary Barthel, who served as a Marine JAG attorney for 16 years, called Jensen’s decision “a disgrace to all the other service members who do serve honorably.” Barthel reviewed Pazdernik’s records at the request of 5 EYEWITNESS NEWS.

San Diego Union-Tribune

Andrew Dryer
February 1, 2019

DEFENSE IN NAVY SEAL WAR CRIMES CASE DISPUTES WITNESS IMMUNITY IMPLICATIONS

Barthel, who is not connected to the Gallagher case and has no direct knowledge of the evidence, said it is likely that investigators identified a number of people who witnessed some part of the events the government has built its case around.

Stars and Strips

Chad Garland
May 16, 2018

PROBE: ‘NO CRIMINALITY’ IN INCIDENT OF SOLDIER SHOOTING INTO AFGHAN TRUCK CAUGHT ON VIDEO

But, if the driver had ignored several warnings, the warning shot could have been a reasonable measure to eliminate a potential threat, said Gary S. Barthel, a retired Marine lieutenant colonel and attorney at the Military Law Center in Carlsbad, Calif.

USA Today

Jim Michaels
April 5, 2018

TRUMP SENDS TROOPS TO BORDER WITH MEXICO? NOT SO FAST

“You don’t want the military to take over the country,” said Gary Barthel, a former Marine Corps lawyer and military law expert. Generally, the law – called posse comitatus – bars active duty military troops from performing law enforcement functions.

Newsweek

Melina Delkic
November 11th, 2017

DEFENSE DEPARTMENT HAS REPORTED ONLY ONE DOMESTIC ABUSER TO FEDERAL GUN DATABASE

Barthel often defends active duty service members who are the aggressors in a domestic violence case –– usually about 10 to 12 in a given year, he said. He said in his experience, “half of the time,” local authorities handle the cases instead of the military, usually when soldiers live off base, and the military does not file a report in the federal database as a result. This is not the case for Kelley.

Yahoo! News

Caitlin Dickson
November 8, 2017

THE LOOPHOLE THAT LET THE CHURCH SHOOTER BUY A GUN — AND THE BILL THAT AIMS TO CLOSE IT

Not only would such a categorization “accurately label the type of assault the individual was convicted of,” but, Barthel said, “it would promote more accurate reporting and would ensure the requirements of the Lautenberg Amendment are met.”

KVUE News

Michael Perchick
November 7, 2017

SUTHERLAND SPRINGS SHOOTER’S GUN PURCHASES RAISE QUESTIONS

“If his assault charges or assault convictions were based on a fact-pattern that resembled a domestic violence case, and my understanding was it was against his wife and child, then that would qualify a prohibition under the Lautenberg Amendment,” explained Barthel.

Yahoo! News

Caitlin Dickson
November 6, 2017

AIR FORCE ADMITS IT FAILED TO REPORT TEXAS SHOOTER’S CONVICTION FOR ABUSE

“He should not have been able to purchase a gun,” said Gary Barthel, a retired U.S. Marine and attorney at the Military Law Center in San Diego. “No matter where he would’ve purchased it, … his conviction should’ve showed up on a criminal database.”

USA Today

Jim Michaels
October 6, 2017

BERGDAHL TO PLEAD GUILTY TO DESERTION, MISBEHAVIOR BEFORE THE ENEMY

Under military law a defendant has the option of pleading guilty without a pretrial agreement in the hopes a military judge would impose a lower sentence, said Gary Barthel, a former Marine Corps lawyer. It avoids a lengthy trial and the potential for damaging testimony.

USA Today

Jim Michaels
November 6, 2017

AIR FORCE ADMITS IT FAILED TO REPORT TEXAS SHOOTER’S CONVICTION FOR ABUSE

“He should not have been able to purchase a gun,” said Gary Barthel, a retired U.S. Marine and attorney at the Military Law Center in San Diego. “No matter where he would’ve purchased it, … his conviction should’ve showed up on a criminal database.”

The San Diego Union-Tribune

Jeanette Steele
June 30, 2017

SAILOR WHO HID DURING MASSIVE MAN-OVERBOARD SEARCH NOW IN SAN DIEGO AWAITING POSSIBLE CHARGES

Aircraft from three U.S. ships as well as a P-8 maritime patrol aircraft conducted airborne searches while the aircraft carrier Ronald Reagan, the Shiloh and the destroyers McCampbell, Barry and McCain scanned the water.

The San Diego Union-Tribune

Jeanette Steele
June 8, 2017

NEW LEGISLATION TARGETS ‘REVENGE PORN’

After recent allegations in which active-duty and former Marines and other service members were discovered sharing compromising photos of female troops along with derogatory commentary, new legislation would make it a specific crime under the military code to commit “revenge porn.”

USA TODAY

Kirk Spitzer
June 6, 2016

U.S. NAVY BANS ALCOHOL IN JAPAN AFTER CRIME SPREE

The sweep of the no-drinking order appears unprecedented because it applies country-wide and restricts where sailors can go on- and off-base, said Gary Barthel, a retired Marine Corps attorney. I’ve never seen that done before,” he said. “I’ve seen where they put certain bars or certain establishments off-limits

USA Today

Jim Michaels
March 25, 2015

Bergdahl charged with desertion

“At any stage, he could offer to plead to a lesser charge,” said Gary Barthel, a former Marine Corps lawyer. Another option is to resign in lieu of a court martial.

CBS News 8

David Gotfredson, Carlo Cecchetto
February 16, 2015

CBS News 8 Investigates: Navy releases records on military sex offenders

“There’s no system set up at this particular point in time for that to happen,” said attorney Barthel. “Part of the problem is that information is not open to the public.”

USA Today

Jim Michaels
August 21, 2013

ARMY PFC. BRADLEY MANNING SENTENCED TO 35 YEARS IN PRISON

“It sounds like what (the judge) did was probably looked at the mitigation,” said Gary Barthel, a former Marine Corps staff judge advocate.

USA Today

Jim Michaels
July 30, 2013

MANNING CASE REDEFINES MEANING OF TRAITOR

“It’s even more important to prosecute those crimes,” Barthel said. “With technology it’s so much easier to disseminate that information. The military, the government has to take a very strong stand on it.”

The San Diego Union-Tribune

Jeanette Steele
June 26, 2013

Gay couples to get base housing, medical care

“It’s going to allow them to recoup benefits that they have not been entitled to otherwise in the past. In some cases this can amount to thousands of dollars a month,” Barthel said.