SUMMARY OF CALVIN GIBBS’ CASE
U.S. Army SSG Calvin Gibbs was falsely convicted in 2011 of three counts of premeditated murder while on a combat deployment to Afghanistan and was sentenced to life in prison despite these facts about the case:
- GIBBS PLEADED NOT GUILTY: Gibbs testified in his own defense and denied planning, conspiring, or killing any non-combatants.
- THERE WAS EXONERATING EVIDENCE: A Soldier who did NOT testify at Gibbs’ trial, later testified he & Gibbs lawfully engaged one of the three Gibbs was convicted of “murdering”
- GIBBS WAS NOT PRESENT: Gibbs was not even at the scene for two of the three “murders.”
- THE LYING MURDERERS COLLUDED: There was no forensic evidence to support the allegations, only testimony from junior Soldiers the Court referred to as, “…drug users, liars, and murderers… who had both a motive to fabricate and the opportunity to collude.”
- PLEA DEALS: In return for testifying against Gibbs, Soldiers who pleaded guilty to murdering civilians received extremely lenient punishment, instead of the death penalty.
SITUATION
SOLDIERS SMOKING HASHISH: Army CID investigated allegations of Soldiers in Afghanistan smoking hashish and threatening a potential “snitch.” Gibbs, more mature, spent his down time reading and working out, not smoking hash. As such, he readily complied with CID. The ringleader, a Soldier named MORLOCK, admitted he and others (who testified against Gibbs) got high on hash and pain killers.
COLLUSION LED BY MORLOCK: During CID’s investigation, MORLOCK also confessed to committing “murders.” However, at the time, he did not implicate Gibbs. MORLOCK told CID, during a videotaped interview, he did not witness GIBBS commit any offenses. After confessing, CID allowed MORLOCK to go free to meet with the other drug users. During trial, MORLOCK and others admitted to driving around in a stolen truck on the Afghan base smoking hash and colluding about the “murders.” The next day, MORLOCK implicated Gibbs in the “murders” to lessen his own criminal conduct and that of his fellow drug users.
PREFERENTIAL AND INAPPROPRIATE TREATMENT BY CID & PROSECUTORS: When CID interrogated Gibbs about the “murders,” he was surprised and requested a lawyer. In exchange, Gibbs was literally locked in a cave, mistreated. Meanwhile, prosecutors gave MORLOCK and others special privileges, e.g., lunches, phone calls, etc… to keep them focused on convicting Gibbs.
WAGNON’S EXONERATING TESTIMONY: Prosecutors charged a respected Soldier, WAGNON, with “murder” to keep him from testifying for Gibbs. After Gibbs was convicted, they dismissed WAGNON’s charges. 5-years later, WAGNON testified at a DuBay hearing that he and Gibbs killed a military aged male who fired at Gibbs with an AK-47, i.e., one of the three Gibbs was wrongly convicted of “murdering.” Despite Gibbs request, the Court of Appeals of the Armed Forces refused to even hear this important appeal.
GIBBS WAS NOT AT THE SCENE OF TWO CRIMES: Several witnesses testified GIBBS was not present for the other two “murders.”
CONVICTION VIA PLEA DEALS: No forensic evidence supported the allegations, only plea deals. MORLOCK pleaded guilty to 3 counts of premeditated murder: 24-years. HOLMES pleaded guilty to murder: 7-years. WINFIELD, pleaded guilty to manslaughter: 3-years.
JUSTICE: While not perfect, Gibbs should be held accountable for actions which he acknowledged were wrong, NOT MURDER, and he should not serve more time than those who actually admitted to killing the civilians.
STATUS OF CASE
Gibbs spent 547 days in harsh pretrial confinement and is presently serving a life sentence at the USDB, Ft. Leavenworth.
Recent negotiations between the US and the Taliban have led to the freeing of thousands of Taliban prisoners, 150 of whom are on death row for heinous “war crimes”, while Gibbs remains locked up.
UAP is fighting to reunite Calvin Gibbs with a young son who loves his father and wants nothing more than to have him come home.
WHO IS CALVIN GIBBS?
Born in 1985 in Billings, MT, friends say all Calvin Gibbs ever wanted to do was become a soldier. As a freshman in high school, he played defensive end on the football team. Calvin was also an amateur body-builder and dabbled in MMA style fighting. At 6’4 and 220 pounds, friends remember him being “the strongest kid they ever played against.” Calvin completed a graduate equivalency degree in the fall of 2002 and had already enlisted in the military. Tall, clean cut, confident, and ready to serve, Calvin was often described as a “recruiting soldier” poster.
In 2008 Calvin proudly welcomed a son, Calvin Richard Gibbs Jr, into the world.
At the time of Calvin’s sentencing he was serving with Joint Base Lewis McCord’s 5th Brigade, 2nd Infantry Division.
CONTACT CALVIN GIBBS
Letters for Calvin Gibbs can be sent to:
Calvin Gibbs 89266
United States Disciplinary Barracks
Fort Leavenworth, KS 66027