The United States Air Force Academy (USAFA) is north of Colorado Springs, Colorado, just west of Interstate 25. USAF Academy is an education and training installation, but it doesn’t fall under Air Education and Training Command (AETC). The Academy is a Direct Reporting Unit (DRU), an organizational structure reserved for Air Force missions that are outside standard Major Commands. The Superintendent of the Academy reports straight to the Chief of Staff of the Air Force.
While USAFA is a DRU, AETC provides operational support for specific cadet airmanship and flight screening programs. The 10th Air Base Wing manages base support, security, and airfield operations, while the Academy Staff Judge Advocate handles legal issues.
The most serious allegations under the Uniform Code of Military Justice, known as “covered offenses,” at USAFA fall under the exclusive jurisdiction of the Office of Special Trial Counsel (OSTC), District 3, headquartered at the Academy. USAFA is the odd duck in District 3. The district also covers Air Force Global Strike Command, Space Operations Command, Space Systems Command, and Space Training and Readiness Command.
Gagne, Scherer & Associates at the USAF Academy
Gagne, Scherer & Associates has defended clients at USAFA and other bases throughout the Colorado Springs area for over twenty years against charges of Article 120 rape and sexual assault, Article 120b sexual abuse of a child, Article 134 child pornography and CSAM offenses, and Article 112a positive drug tests. Beyond our work at the Air Force Academy, we have represented Airmen, Guardians, and Soldiers at Peterson Space Force Base (SFB), Schriever SFB, and Fort Carson. Here are two cases that illustrate how the firm handles cases at USAFA:
Cadet Acquitted of Article 120 Rape
An Air Force Academy first-class cadet was facing a court-martial for rape shortly before graduation. His Area Defense Counsel (ADC) encouraged him to submit a request to resign instead of being court-martialed, which would have ended his military career and left him more than $100,000 in debt if approved; approval was unlikely anyway, but the cadet took the advice as a sign of his ADC’s lack of confidence. The family then hired a civilian attorney to do the Article 32 preliminary hearing. The attorney, a former Army captain, tried to turn the hearing into a brawl. He badgered witnesses and berated the accuser when she testified. The cadet’s family came from the Mountain West. They were quiet and reserved and didn’t feel the civilian attorney represented their family or their son appropriately. They fired him and hired Gagne, Scherer & Associates for the court-martial because they wanted a disciplined, professional defense.
Gagne, Scherer & Associates won a crucial pretrial motion to exclude prejudicial prosecution evidence. Our cross-examination of the complaining witness avoided theatrics; we asked firm questions, politely, and walked her through her numerous accounts of the incident, allowing her to contradict her sworn statements in her own words. She ultimately conceded that she might have dreamt up the entire incident.
During the panel’s deliberations, the Sexual Assault Prevention and Response (SAPR) victim advocate attempted to influence the panel. Whenever the members returned to the courtroom to ask questions, she sat in the gallery, holding a canvas tote bag with the words “No More Victims” facing the members. We brought the stunt to the military judge’s attention. The judge stopped the session and ordered the advocate to remove the bag. The panel members were Air Force officers from the Academy’s academic faculty, and they approached the case like a university seminar. They asked for multiple whiteboards, shared lunch during breaks, and spent 12 hours working through the instructions before considering evidence. Once they got to the evidence, they quickly acquitted our client.
Air Force Major Retained at USAFA Board of Inquiry
An Air Force Major and instructor in the preparatory program at the U.S. Air Force Academy faced an administrative discharge board for allegedly hosting parties with alcohol for students and driving them around town after they left campus without authorization.
Administrative boards have far less stringent evidentiary standards than courts-martial. A “president,” a senior member of the board, runs the board, with advice from a legal advisor. Legal advisors typically refrain from interfering.
Recorders (the administrative equivalent of prosecutors) often try to swamp the board with irrelevant, prejudicial documents. In this case, the recorder attempted to use hundreds of pages of inflammatory hearsay, which was little more than rumors and suspicions about our client.
Gagne, Scherer & Associates knew the legal advisor. Because she had a background as a highly experienced court-martial attorney and a reputation for strong ethics, we trusted her to rule correctly on the law rather than protect the command’s case. Instead of letting the government poison the board with prejudicial hearsay, we spent hours objecting to one piece of evidence after another. The legal advisor sustained our objections, leaving the recorder essentially without a case.
Gagne, Scherer & Associates then called a number of our client’s students as witnesses. They rebutted the government’s version of events; they denied that our client provided alcohol; they confirmed that he hosted get-togethers with students on occasional weekends, but clarified that these were alcohol-free parties. They further testified that he was an outstanding instructor. This testimony, along with a robust presentation of our client’s outstanding military service, convinced the board that he hadn’t committed any misconduct. The board retained him on duty and restored him to his teaching assignment.
USAF Academy Docket Activity
From 2024 through mid-2026, the court-martial docket at the Air Force Academy was slow, ranking near the bottom of the Air Force for overall volume. The cases focused heavily on covered offenses and serious misconduct.
The public docket tells only part of the story. While the formal trial docket remains light, OSTC prosecutors have recently engaged in a high volume of pre-preferral plea negotiations behind the scenes, and those won’t be on the docket yet, if ever. At any given time, the Academy’s investigative and prosecutorial workload is higher than the published court calendar suggests. The case outcomes listed below did not involve Gagne, Scherer & Associates. They are publicly listed results.
Recent court-martial results at USAF Academy include:
- Article 128b domestic violence, Article 92 showing sexually explicit videos without consent, Article 134 extramarital sexual conduct. Guilty. Bad-conduct discharge, 17 months of confinement, reprimand.
- Article 120 sexual assault, Article 120 abusive sexual contact, Article 128 assault consummated by a battery. Acquitted of all charges.
- Article 120 sexual assault. Guilty. Dismissal, 30 months of confinement, reprimand.
- Article 121 larceny of non-military property, Article 134 Assimilated Crimes Act offenses. Guilty. Reduction to Senior Airman, $20,562 fine.
Administrative discharge actions:
- Sexual assault and minor disciplinary infractions. Separated with a General (Under Honorable Conditions) discharge.
- Penetrative sexual assault against two other service members. Board of Inquiry found allegations unsubstantiated and voted to retain the officer.
FAQs by Cadets and Airmen Facing Charges at the USAF Academy
How does OSTC being at USAF Academy influence the decision whether a serious case goes to court-martial?
It doesn’t. It’s true that a case at USAF Academy is a home game for OSTC counsel, but the decision to proceed or defer a case has little, if anything, to do with the prosecution’s convenience. OSTC’s decision is driven mostly by its assessment of whether it can get a conviction at trial. Each attorney at OSTC’s District 3 office is given specific bases to oversee. In effect, any case occurring at an attorney’s assigned base is a “home game,” regardless of its location. Attorneys at the District 3 OSTC office cover Minot, Patrick, and Vandenberg, among other installations.
How often does Gagne, Scherer & Associates deal with OSTC prosecutors from District 3?
Several times a week. District 3 covers a massive geographic area spanning Space Operations Command, Space Systems Command, Space Training and Readiness Command, and Air Force Global Strike Command, plus the Academy. Because covered offenses under the UCMJ are OSTC’s call, we are in frequent, direct contact with District 3 prosecutors handling cases across those installations.
Do Peterson SFB or Schriever SFB get involved with USAF Academy courts-martial?
USAF Academy keeps its prosecution in-house. All proceedings take place inside the Academy courtroom. That’s unlike Peterson Space Force Base and Schriever Space Force Base, which often share trial counsel and courtrooms. However, the ADCs at Peterson and USAFA cover for each other when needed.
What is Gagne, Scherer & Associates’ experience in the Colorado Springs military community?
Gagne, Scherer & Associates has defended service members throughout the Colorado Springs area for over twenty years. That history covers Airmen, Guardians, and Soldiers at the Air Force Academy, Peterson SFB, Schriever SFB, and Fort Carson against severe charges, including Article 120 rape and sexual assault, Article 120b sexual abuse of a child, Article 134 child pornography and CSAM offenses, and Article 112a positive drug tests.
Are the ADCs at the Academy always available to help cadets?
Not always. The USAFA ADC office has two attorneys, but because overall court-martial volume at the Academy tends to run low, those ADCs are frequently detailed to handle cases at busier installations. When an ADC travels to another base or goes on leave or temporary duty, it can cause delays, though cadets will still receive required representation eventually.
Where are the defense and legal offices located at the USAF Academy?
The prosecution and defense offices are inside Harmon Hall at 2304 Cadet Drive. The Staff Judge Advocate’s office is upstairs in Suite 2100. You’ll find the Area Defense Counsel office in the basement, Suite B-5. Academy ADCs represent cadets and permanent party.
Gagne, Scherer & Associates: Air Force Academy UCMJ Lawyers
For over 20 years, the former Air Force JAGs of Gagne, Scherer & Associates have been defending clients at USAFA, Peterson SFB, Schriever SFB, and Fort Carson against allegations of Article 120 rape and sexual assault, Article 134 child pornography, and other serious allegations. If you’re under investigation or being court-martialed at USAFA or any military base in the Colorado Springs area, discuss your situation for free with one of our attorneys by calling (224) 935-6172.