VILSECK, Germany – A soldier was convicted by a military judge of sexually assaulting a German local national during his court-martial May 21 at the Rose Barracks Courtroom.
Army Sgt. Michael A. GarciaTapia, 28, a motor transport operator assigned to 1st Squadron, 91st Cavalry Regiment, 173rd Airborne Brigade, was sentenced to two and a half years in prison, reduction in rank to E-1, total forfeitures of pay and allowances and a dishonorable discharge from the Army.
The judge acquitted GarciaTapia of one specification of abusive sexual contact.
Despite being married to another service member, GarciaTapia met the victim on a dating app and communicated with her on and off since 2021.
On Dec. 10, 2023, GarciaTapia picked the victim up in his vehicle in Grafenwoehr, Germany, and drove to a park a few miles away. At one point during the evening the couple participated in a consensual sexual encounter, however it soon turned criminal. After a few minutes, the victim asked GarciaTapia to stop as she was in pain and bleeding. He demanded to continue, disregarded her refusal and continued the assault without her consent.
During the trial, the victim provided compelling testimony describing what had occurred which was corroborated by the testimony of other witnesses to whom the victim had informed about the assault.
Additionally, physical evidence collected by German law enforcement and Department of the Army Criminal Investigation Division agents was critical in proving what had occurred.
German law enforcement were the primary investigators. They conducted the interview of the victim and collected most of the evidence which was turned over to Army CID.
"The credit for this verdict goes to the survivor for having the resilience and courage to recount the terrible actions of GarciaTapia," said Army CID Europe Field Office, Special Agent in Charge Ryan Hall. "This conviction highlights both the effectiveness of our worldwide network of Field Offices and the invaluable partnerships we share with host nation law enforcement agencies."
The victim, who is from the Grafenwoehr area, told the judge during sentencing that she has been around U.S. service members her whole life and never imagined this would happen to her.
“As always, the credit goes to the victim, a local German national, who had the courage to come into a very unfamiliar American court to hold Sgt. GarciaTapia accountable for what he did,” said Capt. Noah Stochl, prosecutor, Eighth Circuit, Army Office of Special Trial Counsel. “The positive result is also a direct reflection of the excellent coordination and investigative work between Army CID and our German law enforcement partners.”
GarciaTapia is currently incarcerated at the U.S. Army Regional Correctional Facility-Europe in Sembach, Germany, where he will stay until being transferred to a facility in the U.S. He will be required to register as a sex offender upon his release and will be subject to federal and state sex offender registration requirements.
The case was investigated by the Weiden Criminal Police Inspectorate (KPI) and the Army CID’s Grafenwoehr Resident Agency. It was prosecuted by Stochl and Capt. Kristyn Dial, Office of the Staff Judge Advocate, 7th Army Training Command.
The Army Office of Special Trial Counsel is comprised of specially trained military lawyers, legal professionals and support staff responsible for the expert and independent prosecution of murder, sexual assault, domestic violence, child abuse, kidnapping and other serious criminal offenses. Headquartered at Fort Belvoir, Va., OSTC has eight regional headquarters that oversee 28 field offices located across the country to include Europe and Korea. For more information visit https://www.army.mil/ostc.
If you would like to report a crime, have information about a crime, or have been the subject or survivor of a crime, you can submit anonymous tips to Army CID at https://www.p3tips.com/tipform.aspx?ID=325.
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