SaveOurSoldiers

April 28, 2013

Dear Family and Friends:

Staff Sgt. Joshua (Ike) Eisenhauer Update

For those of you following Josh’s case and situation, here’s a recap of what’s gone on this spring.  

North Carolina Criminal Case

The Cumberland County District Attorney’s Office finally went to court and indicted Josh on the charges made against him.  Other than that from what we know there has been no attempt made to set a trial date.  It appears that after 16 months of pre-trial confinement his case is not on track for trial right now.

So much for the Constitutional right to a speedy trial.  I’ve looked at cases regarding the right to a fast trial in North Carolina as some have taken three to four years to go to trial.  Unfortunately, the ones I looked at were all decided in favour of North Carolina even for those who waited that long for trial and were innocent.

During the spring, Waple, Josh’s lawyer and team have been working on review of the D.A.’s findings, and additional psychiatric analysis of Josh’s PTSD, TBI, etc.

While waiting for trial dates, the next step is likely going to court to ask for a bail reduction; but, that is still being decided.

Visitation

As many of you have heard, Josh’s visitation privileges have been taken away until August 15.  As I understand it, this goes back to the incident in January where Josh was trying to protect another prisoner.  He had made appeals regarding punishment for the incident and all appeals have been reviewed.  The final decision was 45 days of solitary and 4 months of no visitors due to some of the actions he took during the incident.

Very sad given that the 4 months cover most people who can visit during summer vacations.

However, Josh can see military, his lawyer and other case related professionals and those that have seen him say he is fine with the decision at this time. 

Basically, time to read books and letters.  When it’s closer to time for visits again, I’ll be in touch about coordination since Josh can still only have one set of visitors a week.

Federal Case

As noted before, earlier this spring the court said that we can proceed with the Federal case against the North Carolina Department of Public Safety regarding the prison system’s inability to provide proper treatment for Josh’s mental health.

Again, no news on when this will go to court.

So mostly we are waiting and trying to patient and hoping for the best outcome for Josh.  As you know, we post about his situation once a week on Save Our Soldiers Facebook at

http://www.facebook.com/savingjosheisenhauer

Other News

Kristy, of Angels for Ike is busy with university and off Facebook right now, so if you would like to order shell earrings or necklaces to wear for Ike, please let me know and she can do a special order when she has time.

Save Our Soldiers has been following Lt. Clint Lorance’s case and trying to help in small ways by getting the message out.  You can follow his case directly at Defend Our Soldier on Facebook.

http://www.facebook.com/pages/Defend-Our-Soldier/125302257641028?fref=ts

There is a link to a petition for him on his site, please read it and sign if you are so inclined.   

SOS also shares posts at least once a week for Bowe Bergdahl due to his continued status as a POW, Trever Gould Memorial for PTSD suicide prevention and awareness, Nowzad the British Charity working in Afghanistan who helps soldiers get their dogs and cats back to the UK, the US, etc., and many other active organizations who are helping active duty soldiers and veterans.

We are still trying to find more groups that will help soldiers with legal problems as that is an area where there is a huge gap.  Once a soldier is in trouble, whether justified or not, they are on their own usually with pay suspended on top of legal bills.  Any suggestions are welcome.

Blessings,

Josh’s Mom Dawn

 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Save Our Soldiers Update, December 1, 2012

Josh Update

I saw Josh yesterday and he sends hellos and love back to you all as well as a huge thanks to those who helped with his legal defence fund.  The money for the trial and an expert witness for the trial were sent earlier this week to his lawyer Attorney Mark Waple.  We have a $2,500 loan to pay back at the end of December and have pledges already to cover half of it.  To-date the legal costs have been over $68,000, we could not have done this without your help!

Josh is still waiting for shoulder surgery, a new article is expected to come out in a few weeks about him and his case, I will be visiting again in about week while I am in the U.S. so if you have messages for him, please let me know.

For those of you who have asked about visiting, here are the rules:  Josh can have up to 18 people total on his visitation list and he is almost at the maximum.  Most of us don’t live in NC so have to travel long distances to see him and we can’t come often.   The issue now is that as soon as he is at 18 people, no more people can be on his visitor list, so if you’re on the list and not coming for several months please let us know so we can take you off the list and someone who can visit him can be added.  It is a little complicated as once he reaches 18 people, people can be removed from the list at any time; but, only added in January or July.

As always your prayers, books, letters are appreciated!  Every little bit means so much when you have so little.  Blessings!

Ryan Update

Some of you have noticed that SOS has started posting about Ryan’s case in Oakdale, CA.  Ryan’s little sister found SOS on the web and said, ‘Mom these people will help us.’

The case looks rather dreadful and the stories in the media are conflicting as Ryan was charged with pre-meditated murder.  His mother thinks that Ryan acted in self-defence; but, she is also worried that Ryan could get the death penalty.  The courts will end up deciding this; but, good lawyers cost money.  So at this point, I plan to meet with Ryan’s mom while I’m in CA and help figure out ways she can raise money for his defence.

As of now, SOS is accepting legal fund donations for Ryan as well as Josh.  If you want to send a check for Ryan, please write in the memo Ryan.  If you send funds through PayPal or Fundrazzr, please send a note that the funds are for Ryan’s defence.

Too many soldiers are in legal trouble and need help!

Trevor Gould Memorial

SOS has started to share posts from Trevor Gould’s Memorial page.  The loss of Trevor is heart-breaking and significant. 

Too many soldier’s lives are being lost to suicide.    Reports show that some months more soldier are dying from suicide than in combat. 

Recognition of the problems related to soldiers returning from battle, more mental health providers for the VA and military, more jobs for veterans, and anything else that can prevent the death of our heroes our needed.

There should be more congressional, community and military discussions and actions to help veterans and active duty soldiers to prevent these incidents before they happen.

Please remember that sometimes a stranger’s kind words and actions make all the difference.

Sgt. Bowe Bergdhal

POW Bergdhal is being featured on SOS now on Tuesdays based on a request not to let America forget him. 

"Captive of the Taliban: In the Hometown of an American Prisoner of War" (May 15, 2012) FOLLOW LINK TO ARTICLE: http://www.time.com/time/nation/article/0,8599,2114824,00.html

No Soldier Left Behind!

Nowzad

Our furry friends at Nowzad are part of our family!  This British charity continues to help get soldier’s dogs home to them and sometimes kitties too!

http://www.nowzad.com/

Angels for Ike

Sweet Kristy is not only making the angel necklaces and earrings for Ike, but, she has started visiting him sometimes too!  New friends!  She will make Angels for other soldiers also! She will make Angels for other soldiers too!

http://www.etsy.com/shop/AngelsForIke

Requests

SOS is taking requests to feature items, spread the word about soldiers needing help, post articles, etc.

If you have something you would like to be posted as SOS, just message us and we’ll do our best to post!

Happy Holidays!

Josh’s Mom ~ Dawn

Joshua Eisenhauer is a U.S. Army soldier who suffered severe and debilitating wounds while serving in Afghanistan. Joshua now suffers from Post Traumatic Stress Disorder (PTSD) and has Traumatic Brain Injury (TBI) as a direct result of those injuries and his combat experiences in Afghanistan.

The PTSD has caused Joshua to have flashbacks on multiple occasions, including the night of January 13, 2012 when members of the Fayetteville, North Carolina Fire Department came to his apartment in response to a small fire in his apartment complex. When the firemen tried to forcibly enter the apartment, Joshua instinctively resisted, believing that he was under attack in Afghanistan. Although Joshua injured no one in that confrontation, the District Attorney in Fayetteville is prosecuting a criminal complaint against Joshua and has been holding him in jail since  January 13, 2012.

Continue Soldier of Misfortune Petition Letter to Congress Here

Direct Youtube link

Federal Case

Joshua has been incarcerated for seven months without trial and without proper medical treatment for his PTSD and TBI as it is not available in the North Carolina prison system.   As his medical condition is deteriorating a Federal case has been filed against District Attorney General West's office, the state attorney general and the state Department of Crime Control and Public Safety, which operates the prison system. 

"Without appropriate treatment, there’s a likelihood his condition will deteriorate significantly,"

wrote Dr. Michael J. Larson, the prison's chief of inpatient services.

While the Army has said they will take the case if it is offered, to date, the North Carolina DA's office has not offered the case to the military.

The civil action requests the release of proprietorial jurisdiction over the Plaintiff (Staff Sgt. Joshua Eisenhauer) to the United States Army. For more details click here.

See the article below for more information on the federal case or click more articles to see past months news.

August 2012 Articles

Fort Worth Star-Telegram:  Fort Worth soldier wants a military trial in off-base shooting.

By Chris Vaughn, Published: Wed Aug 1, 2012

http://www.star-telegram.com/2012/08/01/4146326/fort-worth-soldier-wants-army.html

Justice for Josh

October 27, 2012

A friend asked me the other day what was the worst that could happen to Josh and having to put it into words was very painful.

“Josh could be convicted of 15 felony counts of attempted murder +, put in jail for a very long time - 6 to 10 years, not get much treatment for his PTSD, be kicked out of the Army with no benefits including medical, stripped of his rank, etc. If felony convicted then the Army follows suit and generally just kicks the soldier out of the military with nothing.

Really all of this is too horrible to think about for very long and makes me want to cry. Thanks for your pledge of a donation for Josh's defense. We're borrowing money and doing everything we can to be able to get Josh the best lawyer and legal team so he can get help instead of imprisonment.”

The fact that Josh did shoot his weapon is not disputed.  Would he have shot his gun if the fire department had waited five more minutes for the apartment manager to come open the door?  NO.  The apartment manager was his friend and this whole horrible situation would have been avoided.  Would Josh still need help for his PTSD?  YES.

What do we want for Josh, Staff Sgt. Eisenhauer, Ike to his Army buddies:

Josh did not hurt anyone and he was shot four times.  The bullet left in his shoulder has moved and needs to be removed.  The bulled left in his jaw is still there and we would like the doctors to take it out.  He still needs nose surgery.

We want his frame of mind and the perception of the threat to his men during his PTSD flashback on Jan. 13 to be considered.  We want him to get the help he deserves for his PTSD.  We want him to keep his rank.  We want him to have a punishment appropriate to the circumstances that takes into account mistakes others made along the way prior to the incident regarding his lack of sufficient PTSD care and the handling of the Jan. 13 incident.  We want him to have his military benefits including medical.  We want justice for a very brave young man who did not leave his men behind.

Without proper legal care Josh will be another soldier failed by the system.

I cannot bear the thought.

Josh’s Mom - Dawn

Nov. 9, 2012

This message is from Lakshmi Nagarajan who started the petition "US Congress: Request the US Army to accept jurisdiction over Josh Eisenhauer's case.," which you signed on Change.org.

Thank you to everyone who signed the petition on change.org “US Congress: Request the US Army to accept jurisdiction over Josh Eisenhauer's case”.  It had over 1,600 signatures.  Your efforts were successful in that the Army said that if the NC Cumberland County District Attorney’s office would give them Josh’s case that they would take it! Unfortunately, the DA has refused to give the Army the case.  So it appears that Josh will be in a jury trial in NC sometime next spring.  Meanwhile he is still incarcerated in Central Prison Raleigh, NC. Based on the Army’s decision that they would take the case if offered, we’re going to take the petition down.  If you want more updates about Josh and his case, please go to our Save Our Soldiers Facebook community page at https://www.facebook.com/savingjosheisenhauer which is updated almost every day or www.saveoursoldiers.org which is updated a few times a month. All your support is appreciated.  No Soldier Left Behind! Josh’s Mom - Dawn

Dear Family and Friends

A lot has happened since the last update about Josh (Ike, to his Army buddies.)  The current legal situation is that the U.S. Army would take Josh’s case if it was offered to them (thanks to everyone who signed the change.org petition); but, the D.A. of Cumberland County will not release Josh’s case to the Army. 

This means that we are getting ready for a jury trial in North Carolina in the spring.

So currently, we have about 2 weeks to come up with another $21,000 for his trial preparation instead of 2 months.  Josh’s military pay was suspended once he was incarcerated; but, he has been helping with some of his legal expenses along with other family members and friends. To-date legal trial fees, Federal case filing and fees, expert witnesses, etc. have cost over $40,000.  Thank you to everyone who helped reach this goal!

For the new $21,000  target we already have $850 and some pledges, one is for up to $4,000 in matching funds so for every $1 we raise we will have $2!!!  As soon as we reach $21,000, Josh’s lawyer Mark Waple and his legal team including the expert witnesses will start trial preparations.  

The sooner the work starts the better.  We are all very worried that Josh could lose his medical benefits including PTSD treatment, all lifetime VA benefits, and other benefits such as the GI bill and end up with nothing and no way to be treated for his combat-related injuries.  His highly qualified attorney Mark Waple is dedicated to Josh’s case and his cause, but, needs the resources to put up the best defense. 

If you are able to give to Josh’s defense fund you could save his life, help him keep his military benefits and give him a future. 

Change.Org Petition

Thank you to everyone who signed this petition; it did make a difference!  In the past few months many senators and congress people have expressed an interest in Josh’s case and the Army has said they would accept the case if it was offered.

Based on this, we are going to shut the petition down so this is the last update that we are sending through change.org about Josh’s case.  If you would like to follow the case in the future, please check the SOS website or SOS FB page.  See details below.

Save our Soldiers Facebook

Save our Soldiers Facebook community page is now operational and postings about Josh, PTSD, etc. are being put up daily.  You can follow updates on his case and fundraising on the page.

http://www.facebook.com/savingjosheisenhauer#!/savingjosheisenhauer

Save our Soldiers Web-Site

Save our Soldiers web-site has been operational since this summer and has links to more articles and details about the case.  The site is being updated about once a month. 

http://saveoursoldiers.org/

Federal Case (more details on SOS Web-site)

Complaint for Declaratory Justice

The Federal case was filed July 24, 2012 due to Joshua's need for medical care and the refusals to release the case to the U.S. Army which could provide his medical care as required by law, including PTSD and TBI treatment.  The basis of the case is:

1) It is a violation of the Plaintiff’s statutory entitlement for comprehensive mental health care and treatment from the U.S. military health care system for the Plaintiff’s severe combat related post-traumatic stress disorder, and

2) It is a violation of the 14th Amendment of the United States Constitution’s prohibition against deliberate indifference to the medical and mental care needs of the Plaintiff for his severe combat related post-traumatic stress disorder.

More details about the Federal Case are on the front page of http://saveoursoldiers.org/

The good news is that since this case was filed, Dr. Larson who is on staff at Central Prison told us that the prison has been making changes and allowing new protocols for care.  They’re supposed to be starting an anger management group, meditation, etc.   Josh’s attorney also has asked the Army to provide some counselling for PTSD to Josh at Central Prison and they are looking into providing him treatment.

DA Cumberland County vs. Staff Sgt. Joshua Eisenhauer

The DA has filed multiple charges against Josh which add up to approximately 30 felony counts, even though Josh did not hurt anyone in his PTSD state.  We are told that there were two law enforcement officers hurt during the standoff on Jan. 13 but the details we have been provided indicate that these officers hurt themselves.  Josh was shot multiple times and currently needs surgery to take a bullet out of his shoulder that has moved, more surgery for his face including his nasal passage and hopefully surgery to take the bullet out of his jaw.

Since the DA’s office has insisted that the case go to trial, we are likely looking at a two to three week spring jury trial in either Cumberland County, NC or a nearby county.  Most of you already know the background for this case.  Josh’s future depends on the outcome.  Here’s a link to one of the more recent articles:

http://www.fayobserver.com/articles/2012/09/25/1198849

Writing

Josh can have letters and pictures sent to the address below. 

1304704

Joshua Eisenhauer

Central Prison

1300 Western Boulevard, Raleigh, NC 27606-2196

Please be aware that he cannot receive consumable items, such as cookies, etc. but he can have books sent directly from the publisher.

Visiting

On a positive note, Josh is now level four in Central Prison which means he has more privileges including TV. 

Amazingly we have managed to have close family or friends visit every two to 3 weeks.  As many of you know, Josh’s Dad lives in CT, his step-dad Jim and I live and work in Kabul, Afghanistan, and other family and friends are all over the US.  

So big thank you to everyone who has visited and helped keep Josh’s spirits up!  I’ll be back in the US mid-November through the holidays to visit Josh and work on his case.

Love and peace,

Dawn (Josh’s Mom)

October 11, 2012

We are all still waiting to hear about the Federal Case.  Joshua's lawyer Mark Waple has asked for the case to go to trial quickly.  We are finding out that very rarely is anything quick these days in the justice system.  A new article says that there are 17,000 'active duty soldiers' waiting for trail or some kind of decision on their situation. 

We are finally up and running on Facebook at Save Our Soldiers and hope to have Twitter working shortly.  Our fund-raising for the past few months has been slow and we now have a little over $800 toward our current $8,000.00 goal which is for the Federal case, expert witnesses and other legal fees.  We just started a fund-raising campaign at FB SOS through FundRazr also online.  The larger amount of $40,000 is needed before court for the main case which will likely be tried next spring.

Thanks to all of you for your continued support!  Please help us Save Our Soldiers!

No Soldier Left Behind.  Dawn

September 2012

Joshua's Current Situation

Medical

Joshua is still in Central Prison in Raleigh, NC. His medical treatment for PTSD has not improved because the NC prison system does not have the resources to treat anyone for PTSD, TBI, etc. The bullet and fragments that were left in Josh's shoulder on Jan. 13 appear to have moved and it's expected that Josh will have surgery in October to remove the bullet. Another bullet is in his jaw on the right side, at this point we hear there are no plans to take the bullet out of his jaw. It is unclear to Josh and his family as to why the bullet is not being removed.

General Life

There are no phones, no computers, no televisions, etc. on the medical side of the prison where Josh is being held until trial. Basically, he is in a cell by himself, has privileges to eat meals with others and is allowed to have a little time outside. He is reading a lot for the first time in his life and says he is really enjoying non-fiction books. He really appreciates letters and visits from family and friends. Josh, like the rest of us is wondering why it is taking so long for his case to be transferred to the Army where he can get proper PTSD treatment.

August 2012

If you have another soldier that you would like SOS to help or feature on this website, please let us know.

What YOU Can Do To Help SOS and Josh "Ike"

• Donate

          Legal fees spent on Josh's case already are close to $40,000 and at least $40,000 more is needed for his lawyer, court, expert witnesses, and the current Federal case to get Joshua the medical treatment that he needs. 

$8,000 is needed by the beginning of September.

• Petition

          Ask more people to sign the change.org petition to the US Congress: Request the US Army to accept  jurisdiction over Josh Eisenhauer's case.  Over 1,500 people have signed the petition, please let more people know about his situation and what they can do to help!

• Letters

          Write letters to the Fayetteville Observer or other newspapers in support of Josh's case being taken by the Army. 

Update on Letters to Congress

         Many of Josh's friends and family have written letters to Congress members requesting that they look into Josh's case.  Thanks to everyone who helped with this effort.  More details will be provided soon.

Angels for Ike

         Kristy Davis is making Angels for Ike and donating half the sales money from the necklaces for his legal defense. Click on the link to see the angels  !

Let us know if you have an article you would like us to feature:

Posted October 2012

Huffingtonpost: Combat Veterans With PTSD, Anger Issues More Likely To Commit Crimes: New Report.

By David Wood, Posted:10/09/2012 12:45 pm EDT Updated: 10/10/2012  1:18 pm EDT

http://www.huffingtonpost.com/2012/10/09/veterans-ptsd-crime-report_n_1951338.html?utm_hp_ref=world

Posted August 2012

New York Times:  War Wounds.

By Nicholas Kristoff, Published: Aug 10, 2012

http://www.nytimes.com/2012/08/12/opinion/sunday/war-wounds.html?_r=2&hp

Reuters:  Fewer veterans with PTSD using anti-anxiety drugs.

By Crystal Gammon, Published: 12:17 P.M. Fri Dec 16, 2011

http://www.reuters.com/article/2011/12/16/us-veterans-with-ptsd-idUSTRE7BF1FN20111216