Veterans Treatment Court Provides Second Chance to Offenders

By William Cracraft

The original Veterans Treatment Court team is shown here while visiting the ASPIRE Center in San Diego, a residential treatment facility for combat veterans operated by the Veterans Administration. The photo includes U.S. Magistrate Judge William V. Gallo, Southern District of California; Bob Brewer, former U.S. attorney, Southern District of California; Blair Perez, assistant United States attorney, Southern District of California; Lori Garofalo, Chief Pretrial Services Officer, Southern District of California, as well as other members of the Pretrial Services Office, Defense Team, U.S. Attorney’s Office, Veterans Administration and Courage to Call, a veterans’ support organization.

The Veterans Treatment Court (VTC), a robust veterans diversion program in the Southern District of California, has helped more than 70 veterans work to avoid federal convictions, prison or other punishment and, most importantly, get their lives back on track.

“There are people in our communities who volunteered to serve their country,” said Blair Perez, an assistant United States attorney in the Office of the U.S. Attorney in the Southern District of California, who helped get the program up and running in 2016, under the leadership of then U.S. Attorney Laura E. Duffy. “If they were ‘broken’ as a result of that service, then we, representing the United States, should give them another chance before subjecting them to a federal felony conviction. We should take more care with our veterans who suffered harm on our behalf.”

One of those veterans is Austin Kommick. He was in the Army from 2007 to 2014 and served in Fallujah, Iraq, for a little over a year and in Afghanistan for about a year. He came out of the Army with Post-Traumatic Stress Disorder (PTSD), anxiety, depression and a substance abuse disorder; he had used heroin for 10 years.

“I tried to get clean a whole bunch of times but I just couldn’t do it,” said Kommick. “Ultimately it led me into making some pretty dumb decisions, participating in risky, illegal activities and in October 2019, I got arrested for transporting narcotics across the U.S.-Mexico border. On my first court date, before the magistrate judge, she saw I had a military background,” and recommended Veterans Treatment Court.  After a lengthy application review process, the U.S. Attorney’s Office accepted Kommick into the program.  By March 2021, after entering a guilty plea pursuant to the terms of the Veterans Treatment Court program before U.S. Magistrate Judge William V. Gallo, the magistrate judge instrumental in the creation of the program, he got into the program.

Kommick had used the year awaiting his acceptance into VTC well. “The pretrial services officers … knew that I was trying to get my package submitted and accepted to get into the program—they kind of told me what to expect,” said Kommick. “Phase One is for people just getting out of custody, getting a foundation. Going to a residential program is pretty much required; I had completed two residential programs before I was even accepted into the program. Staying sober is for sure the most important part of getting through.” The residential programs helped both with staying sober and dealing “with combat-based stress disorders,” he said.

“The second phase is encouraging you to get back into school or some type of work,” said Kommick. “I went through a truck driving school while I was in the program, got my Class A license and have been working for a trucking company since I got out of the program.” Kommick supported himself during the program with VA disability payments so he could focus just on the program.

Phase Three is engaging in community service. “I volunteered at a donations warehouse for the Veterans Village of San Diego,” said Kommick, “which is one of the programs that I went through. They put on several different events like helping homeless veterans, as far as getting them clothes, food and hygiene stuff.”

Not everyone makes it through. “Some people didn’t take it seriously and Judge Gallo’s not one to play around,” he said. “He’s pretty straight forward. They want to see people succeed, but if you go and just try to BS your way through the program, that doesn’t really fly with him.” Kommick, however, was fully committed to making it through. “Not just for the possibility of avoiding a prison sentence, but I had tried many times to get clean and I couldn’t do it. Now I had these legal consequences and having to (stay clean) for something was pretty much what I needed. I’m coming up on three years sober, now.”

Perez, who retired as a captain from the Navy Reserve JAG Corps, and Chief Pretrial Services Officer Lori Garofalo, of the Southern District of California, teamed up in 2016 to create the federal Veterans Treatment Court to help veterans who had been injured while in the service. The pair reached out to Judge Gallo, a former assistant U.S. attorney in the district and retired U.S. Marine Corps colonel, to assist with obtaining court approval for the program and to serve as the program’s dedicated judge. Judge Gallo, who was recalled to duty post-9/11 and served in Iraq for the Department of Justice, had first-hand knowledge of the experience of many veterans returning from Operation Iraqi Freedom.  “Judge Gallo had recent relevant military experience and a reputation as a strong advocate of military service,” Perez explained. “He was the perfect judge to help launch the new program.” Judge Gallo not only helped acquire approval from then-Chief Judge Barry Ted Moskowitz but he also agreed to hear all of the VTC cases.

VTC takes on clients who have not yet been to trial. VTC participants must plead guilty to enter the program.  Sentencing is then deferred for 12-24 months as the participant goes through the three phases of the VTC program.  If a participant successfully completes the program and graduates, the United States dismisses the charge(s) with prejudice.  No judgment of conviction is ever entered.  

“The program started off with one track – for those veterans who had a qualifying service-related injury,” said Perez. VTC participants have had a wide range of injuries, including but not limited to traumatic brain injury from IED explosions, PTSD from near-death experiences or observing traumatic events, back and leg injuries from roll-over accidents of military vehicles, and military sexual trauma.    

In 2016, when the U.S. Attorney’s Office, Pretrial Services Office and the U.S. District Court were evaluating the feasibility of a federal Veterans Treatment Court, San Diego had the highest population of Operation Iraqi Freedom and Operation Enduring Freedom veterans in the country. The San Diego District Attorney’s Office and Superior Court, across the street from the U.S. Attorney’s Office, already had a successful program in place to address the staggering number of contacts between police and returning combat veterans struggling with PTSD.  After studying the D.A.’s program, the federal team learned that many people were engaging in very self-destructive, dangerous behaviors upon returning from combat.

How does a good soldier, sailor, airman or marine get into trouble? “Let’s say you have someone who served from 2001 to 2005 in the Marine Corps, so he was the tip of the spear during the 2003 invasion of Iraq,” said Perez. “There was no hint of any problems prior to his service, and no problems while in the military. He might have received an honorable discharge. But then you learn, post-Iraq he developed a drinking problem, got addicted to drugs, his marriage fell apart, he lost his job, and now he’s homeless and getting in trouble with law enforcement. Then you discover, guess what, he was a sniper in Iraq. A traumatizing experience for many. But he was never seen or treated by the VA. The stories you hear are just, like, whoa!” she said.

From her experience as a Navy JAG, Perez was very aware of the military’s efforts around 2008 and beyond to try to identify the combat veterans suffering from PTSD as soon as possible.  For example, some branches of service mandated medical interviews of service-members as they departed combat deployments to evaluate their psychological health and catch those at risk of PTSD. “Not surprisingly, the veterans were not comfortable discussing their mental health.”  Perez explained that efforts to change the military culture surrounding the stigma of mental health challenges and achieve candor in post-deployment interviews was an ongoing process.   

“After almost 20 years of combat operations, it’s still a struggle. Many do not want to admit that they have nightmares, that they are highly vigilant, or that they have disruptive, racing thoughts and poor control of their emotions.  They did not admit it coming off deployment, after they got home or even years later when they separated from the service. We see veterans who left active duty without having received the help available to them through the military. Some of our applicants received other-than-honorable discharges for conduct or infractions related to their PTSD or injury. So the U.S. Attorney’s Office made a decision: if a veteran had a service-related injury and received an other-than-honorable discharge after that, it would not automatically disqualify him or her from VTC.

“From the beginning, the goal was to throw these individuals a life-saving rope, while still holding them accountable for their offense,” said Perez. “The program is not a walk in the park. The judgment is deferred to give the veteran a year to two years to be closely monitored. The pretrial services officer monitors compliance with requirements for drug and alcohol treatment and testing, mental health treatment, medical treatment, family and/or individual counseling, education and employment or obtaining a VA disability rating, stable housing and volunteerism. However, the most significant means of ensuring accountability is having to appear every month before Judge Gallo or Judge Schopler,” Perez added. U.S. Magistrate Judge Andrew G. Schopler joined Judge Gallo in presiding over the VTC docket when it grew too big for one judge to manage. In March 2023, Judge Schopler was elevated to U.S. district judge in San Diego after his Senate confirmation and turned over his Veterans Treatment Court duties to U.S. Magistrate Judge David Leshner.

Admission to the program is not a given. There are currently 12 AUSAs, all veterans, who comprise the USAO’s VTC Admissions Committee, including Perez and co-coordinator Bobby Miller. “The Committee thoroughly reviews every application and then makes a recommendation to U.S. Attorney Randy Grossman (Southern District of California) regarding admission. Like his predecessors, Grossman enthusiastically supports the program. He even takes the extra step of attending VTC graduations in person. Nevertheless, despite the strong support for the program, in 2022, less than half the applicants were admitted,” said Perez. “Those entering the program are assessed both by pretrial services officers and by a VA Veterans Court liaison, who is also a licensed clinical social worker. Together, they come up with individualized treatment plans for the veteran,” said Perez. “They need job support, they need a roof over their head, they need structure. They just need to get back on track and feel like they have the tools and resources to try to find a way forward.” Once admitted, veterans are appointed one of the four Veterans Court defense attorneys. They are also assigned a mentor and case manager from Courage to Call, a San Diego County Mental Health Systems program under the county’s Health and Human Services Agency. It has taken a strong commitment from each of the stakeholders—the U.S. Attorney’s Office, Defense Counsel, Pretrial Services, the VA, Courage to Call and the Court—to make the program work.

In recent years, the program has expanded to include those who do not have a service-related injury but who have been good service members who made a mistake and committed a federal offense. “Bob Brewer became our U.S. attorney in 2019. He is a highly decorated vet from the Vietnam War and had a very strong interest in this program,” said Perez. He expanded the program beyond people who have had service-related injuries, but the eligibility requirements are tighter. “If you do not have a service-related injury, then you cannot have anything less than an honorable discharge. The charges cannot involve victims and you cannot have a prior criminal record,” said Perez. Joseph Woodard fit those criteria.

“I got into trouble because apparently it is illegal to sell a gun that does not have numbers on it,” Woodard said. “I didn’t know I was breaking a law; I broke a law, it was my fault. I manned up and said I’m sorry. I was able to get out on bail fortunately, and I literally fought for three years to get into the program.”

Woodard spent 22 years as a scout-sniper, instructor, platoon sergeant and company first sergeant. “I was actually at risk of losing my retirement and my VA benefits,” he said. “If it wasn’t for this group of people, I wouldn’t have everything I have right now and I probably be sitting in a jail cell somewhere, dead, or God knows what.

“The (VTC) system is so set up for success that you really have to be a (foul up) to screw it up and not get through it successfully,” said Woodard. “Literally when you join the Veterans Treatment Court they give you two or three packets with exactly what when and how they want each of the items done.”

For his community service, “I worked with an organization called Comrades to Canopies,” he said. We take combat vets skydiving to bring them back to being normal people again. And it works like you wouldn’t even begin to imagine. That was my best way I could give back, to share skydiving with veterans that were very highly likely to commit suicide, very highly likely to have issues.”

Woodard would like to see the program opened to more like him. “That’s really what my hope was in talking to you, that they may be willing to take on guys who need more of a chance taken on them. I would absolutely, 100% recommend the program as long as you are willing to accept the responsibilities of the program. I got my wife back, I got my kids back, I bought my own house, I successfully built a business. I still reach out to the safety net they created for me. I still use my resources, and I’ve gotten to the point where I don’t let my ego affect my decisions.”

Kommick agrees. He, too, would absolutely recommend the program to others in similar situations. “I know the program isn’t available to everybody,” he said. “That’s really unfortunate. I feel honored, lucky that I was able to participate in the program.”

Hearing the success stories makes the work worthwhile. “They may never feel the same as they were before they were injured,” Perez said, “but we can try to give them every resource we have available to get them as close as we can, and then it is up to them to see it through.”

Read more about the program at https://www.justice.gov/usao-sdca/pr/officials-celebrate-five-year-anniversary-program-gives-veterans-second-chance