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Learn Your Lawyer · Air Force · Defense and Trial Counsel

David E. Marsa

Counsel of record in 24 courts-martial in the Military Trial Results data
(19 as defense counsel, 5 as trial counsel)
Dec 2019 to Jul 2025

24Cases
19As defense counsel
5As trial counsel
10Contested (not guilty or mixed plea)

As Defense Counsel (Defending)

Average Contests Per Year: 3.1

19Cases
8Contested
62%Acquitted, contested cases (5 of 8)
25%Partial acquittal, contested cases (2 of 8)

Pleas When Defending

  • Guilty11 (58%)
  • Not Guilty8 (42%)

Who Decided the Case

  • Judge Alone12 (63%)
  • Enlisted Panel6 (32%)
  • Officer Panel1 (5%)

Contested Panel Cases: 7 of 8

  • Enlisted Panel6 of 8
  • Officer Panel1 of 8

Findings When Defending, All Cases

  • Convicted12 (63%)
  • Partial Acquittal2 (11%)
  • Acquitted5 (26%)

Contested Findings (Defending)

Decided ByCasesConvictedPartialAcquitted
Judge Alone1100
Enlisted Panel6024
Officer Panel1001

Sentences When Defending

Enlisted (14 Convictions)

  • BCD4 of 14
  • DD1 of 14
  • No Punitive Discharge9 of 14

No Punitive Discharge

9 of 14 Enlisted Convictions

  • No punitive discharge9 of 14
36%Punitive discharge, enlisted (5 of 14)
93%Confinement (13 of 14 convictions)
4 moMedian confinement
5.0 yrsLongest confinement

UCMJ Articles When Defending

ArticleCasesContestedConvictedAcquitted
Art. 112a Wrongful use, possession of controlled substances9390
Art. 113 Drunken or reckless operation of vehicle3130
Art. 128 Assault3130
Art. 92 Failure to obey order or regulation3030
Art. 109 Property other than military; waste, spoilage, destruction1010
Art. 115 Communicating threats1110
Art. 116 Riot or breach of peace1110
Art. 120 Rape and sexual assault1111
Art. 128b Domestic violence1010
Art. 131b Obstructing justice1101
Charges not listed in the record5505

As Trial Counsel (Prosecuting)

Average Contests Per Year: 0.4

5Cases
2Contested
100%Acquitted, contested cases (2 of 2)
—Partial acquittal, contested cases (none)

Pleas When Prosecuting

  • Guilty2 (40%)
  • Not Guilty2 (40%)
  • Not Reported1 (20%)

Who Decided the Case

  • Judge Alone3 (60%)
  • Enlisted Panel1 (20%)
  • Officer Panel1 (20%)

Contested Panel Cases: 2 of 2

  • Enlisted Panel1 of 2
  • Officer Panel1 of 2

Findings When Prosecuting, All Cases

  • Convicted3 (60%)
  • Acquitted2 (40%)

Contested Findings (Prosecuting)

Decided ByCasesConvictedPartialAcquitted
Enlisted Panel1001
Officer Panel1001

Sentences When Prosecuting

Enlisted (2 Convictions)

  • DD1 of 2
  • No Punitive Discharge1 of 2

Officers and Warrant Officers (1 Conviction)

  • No Dismissal1 of 1

No Punitive Discharge

1 of 2 Enlisted Convictions

  • No punitive discharge1 of 2

Member Retained: 1 of 1 Officer Conviction

  • No dismissal1 of 1
50%Punitive discharge, enlisted (1 of 2)
100%Confinement (3 of 3 convictions)
4 moMedian confinement
3.5 yrsLongest confinement

UCMJ Articles When Prosecuting

ArticleCasesContestedConvictedAcquitted
Art. 134 General article2020
Art. 112 Drunkenness and other incapacitation1010
Art. 80 Attempts1010
Art. 92 Failure to obey order or regulation1010
Charges not listed in the record2202

Opposing Counsel, Most Cases

Where

  • FE Warren AFB, Wyoming 12
  • Holloman AFB, New Mexico 3
  • Cannon AFB, New Mexico 2
  • Mountain Home AFB, Idaho 2
  • Kirtland AFB, New Mexico 2
  • Eglin AFB, Florida 1
  • Luke AFB, Arizona 1
  • Creech AFB, Nevada 1

More Air Force Lawyers

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Counsel of record means this lawyer is listed as defense counsel or trial counsel in the public record of the case. Most cases list more than one lawyer on each side, and the records do not say who led or who argued, so the numbers describe cases this lawyer was counsel on, not individual wins or losses. Pages cover military counsel only; civilian counsel appear in lists by name. Percentages are shown for every count, however small, so check the number of cases behind each one. The Army records say whether there was a plea agreement, not what it said; Air Force records do not report plea agreements, and many Air Force records from 2016 to 2020 do not list the plea. In the article tables one case counts under each article charged, and Air Force records rarely list the charges in cases that ended in acquittal (those show as Charges not listed in the record). Member Retained means the sentence did not include a punitive discharge; it does not rule out a later administrative separation. Mixed Plea* means the record lists a guilty plea but the case ended in a partial acquittal, so at least one charge was contested (a mixed plea, or a guilty plea to a lesser offense). Contested cases are those with a not guilty or mixed plea, plus any case that ended in an acquittal or partial acquittal even when the record does not list the plea.

Source: public records of trial published by each service under Article 140a, UCMJ, as collected for the Military Trial Results page (data updated October 29, 2026). Counts reflect only the cases in this data and may be incomplete. Names are shown as published in the source records.

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