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Learn Your Lawyer · Army · Trial Counsel

Derek D. Depew

Counsel of record in 16 courts-martial in the Military Trial Results data
(0 as defense counsel, 16 as trial counsel)
Jul 2021 to Apr 2025

16Cases
0As defense counsel
16As trial counsel
7Contested (not guilty or mixed plea)

As Trial Counsel (Prosecuting)

Average Contests Per Year: 1.9

16Cases
7Contested
29%Acquitted, contested cases (2 of 7)
71%Partial acquittal, contested cases (5 of 7)

Pleas When Prosecuting

  • Guilty9 (56%)
  • Not Guilty3 (19%)
  • Mixed Plea*4 (25%)

Plea Agreements

  • Plea agreement11 (69%)
  • No plea agreement3 (19%)
  • Not reported2 (12%)

Who Decided the Case

  • Judge Alone14 (88%)
  • Officer Panel1 (6%)
  • Not Reported1 (6%)

Contested Panel Cases: 1 of 7

  • Enlisted Panel0 of 7
  • Officer Panel1 of 7

Findings When Prosecuting, All Cases

  • Convicted9 (56%)
  • Partial Acquittal5 (31%)
  • Acquitted2 (12%)

Contested Findings (Prosecuting)

Decided ByCasesConvictedPartialAcquitted
Judge Alone5041
Officer Panel1010
Not Reported1001

Sentences When Prosecuting

Enlisted (12 Convictions)

  • BCD6 of 12
  • DD3 of 12
  • No Punitive Discharge3 of 12

Officers and Warrant Officers (2 Convictions)

  • Dismissal1 of 2
  • No Dismissal1 of 2

No Punitive Discharge

3 of 12 Enlisted Convictions

  • Plea agreement1 of 3
  • No plea agreement0 of 3
  • Not reported2 of 3

Member Retained: 1 of 2 Officer Convictions

  • Plea agreement1 of 1
  • No plea agreement0 of 1
75%Punitive discharge, enlisted (9 of 12)
57%Confinement (8 of 14 convictions)
4 moMedian confinement
lifeLongest confinement

UCMJ Articles When Prosecuting

ArticleCasesContestedConvictedAcquitted
Art. 128 Assault8545
Art. 120 Rape and sexual assault6616
Art. 92 Failure to obey order or regulation6351
Art. 107 False official statements5241
Art. 112a Wrongful use, possession of controlled substances3030
Art. 128b Domestic violence3212
Art. 134 General article3303
Art. 93 Cruelty and maltreatment2111
Art. 108 Military property; loss, damage, destruction1010
Art. 114 Endangerment offenses1101

Opposing Counsel, Most Cases

Where

  • Fort Campbell 15
  • Fort Bragg 1

More Army Lawyers

Know Your Judge

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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