Judge sentences Special Forces vet, spends night in jail with him

**Team Sergeant** · 04-23-2016, 19:03

Always hated Fayetteville but this turned my head. Good on you Judge Lou Olivera, not only do you talk the talk but walk the walk. Few men would opt to get into a cage with a troubled soldier. This country is sorely lacking such men as Judge Lou Olivera.

Judge sentences Special Forces vet, spends night in jail with him

Published April 22, 2016
· Associated Press

FAYETTEVILLE, N.C. – A North Carolina judge sent a retired Special Forces sergeant to jail for violating probation — then spent the night in the cell with him.

News media outlets report Joe Serna, 41, who suffers from post-traumatic stress disorder after three tours in Afghanistan, was diverted to Cumberland County Veterans Court after being charged with driving under the influence and other traffic offenses.

The court is designed to help troubled veterans avoid jail time and get the help they need. Serna was told to stay sober and return to the court every two weeks.

But when he appeared before Judge Lou Olivera, a Gulf War veteran, on April 12, Serna said he admitted that he had lied to the court and that his last urinalysis had been positive.

Olivera sentenced him to a night in jail and the next day drove him to nearby Lumberton to serve the time.

"When Joe first came to turn himself in, he was trembling," Olivera said. "I decided that I'd spend the night serving with him."

Serna said he was touched by the judge's action.

"They take me to the cell, and I'm sitting on my bunk. And, then, in walks the judge," he said. "I knew this was a very compassionate man."

He said the two spent the night talking about their military experiences.

cont:
http://www.foxnews.com/us/2016/04/22...?intcmp=hplnws

Sohei · 04-23-2016, 20:10

That is impressive! A judge that is able to mete out justice with true compassion.

We need more like him!

Well done, Judge!

**PRB** · 04-23-2016, 20:14

The man cares...good on him. I hoped it helped, it should.

Scimitar · 04-24-2016, 05:05

Wow!

S

JJ_BPK · 04-24-2016, 06:20

Great story..

Hope Joe Serna can work out his problems.

UWOA (RIP) · 04-24-2016, 07:36

Quote:

Originally Posted by JJ_BPK

Great story..

Hope Joe Serna can work out his problems.

Agree. Gotta admit that the 'system' tried to help in a way that is 'out of the box' solution-wise, yet very demonstrative of concern for his predicament.

.

echoes · 04-24-2016, 09:45

Quote:

Originally Posted by JJ_BPK

Great story..

Hope Joe Serna can work out his problems.

Prayers are out!

Big time.

Good on this Judge for stepping up.

Holly

TrapLine · 04-25-2016, 06:36

Great work, Judge.

akv · 04-25-2016, 12:28

Bravo

Basenshukai · 04-25-2016, 15:00

I know Joe. We both went to Afghanistan in 2006 and we saw a lot of ugly things.

In one action, Joe was thrown off the GMV he was riding on by the same IED that killed MSG Emigdio "EZ" Elizarraras. Still concussed by the blast, Joe had the presence of mind to scan around the vehicle, and he saw the insurgent who detonated the IED standing upright some distance away, somewhat entranced by the carnage he just brought to bear by simply rubbing two wires together.

Joe shook-off the effects of the blast and gave chase. The insurgent ran as fast as he could, along with two others who joined him, and tried to hide in a small unfinished structure with a single entrance and few windows. Joe - still in full kit yet minus his M-4, which was destroyed by the blast - ran inside the small structure alone and confronted all three of them and a fight ensued.

By then the team's warrant officer had realized what happened and gave chase after Joe, terrified by the idea of his lone teammate locked in battle against three insurgents, one of whom had just killed "EZ". By the time the warrant officer charges into the small one-story building, Joe is standing there, holding the insurgent at bay with his pistol, while the other two are laying unconscious on the floor. Joe had knocked them both out with his non-dominant left-hand, while he tried to control the insurgent with his right hand. I need to add here that at the time, Joe bench pressed over 350 lb... easily.

"Don't do it!" was all the warrant officer could say to keep Joe from killing the insurgent who just killed - as far as Joe knew at the time - both "EZ" and the team sergeant. Joe lowered his weapon slowly and properly detained the insurgent. The insurgent was later tried for his crime in the Afghan legal system. We never knew the outcome. But shortly after we redeployed, a few of us received a phone call from the CID investigator trying to bring together what evidence and testimony he could to hand over to the Afghan authorities for the insurgent's prosecution.

Joe could have easily asked to return home after the incident, and it would have been granted. He was one of three people in that vehicle who did not get killed. Having seen the vehicle after the blast, it is a miracle that anyone survived. The team sergeant, who was sitting to the right of "EZ", was thrown out of the vehicle by the blast and suffered some fractures. The team sergeant refused to re-deploy and stayed behind to continue to fight for the remaining months. The turret gunner lost a part of his foot, was medically retired, and went on to create the "Green Beret Foundation" - an organization that serves us to this day.

But, Serna, the team sergeant, and the turret gunner must have certainly suffered severe traumatic brain injury (TBI) during the blast. Back then, however, TBI was not as emphasized and considered as it was a couple of years later.

The deployment in 2006 resulted in much operational success. But, it also yielded 8 KIA and a couple dozen Purple Heart awards for our 68-man SF company. It was an unforgiving operational environment, and one into which Joe Serna would volunteer to operate in again and again.

If anyone has contact with Joe today, let me know via PM. I'd like to talk to him and I'll gladly pass my contact information to him.

All the best,

JP

Gypsy · 04-26-2016, 18:16

BZ Judge and prayers out for Joe Serna. Thank you for sharing this story Basenshukai.

frostfire · 04-27-2016, 01:49

Very moving.

A scene of Jean Valjean and the Bishop comes to mind.

CloseDanger · 04-27-2016, 11:43

Here is more...

kawika · 04-28-2016, 23:04

Joe is a badass dude. That 2006 trip was no joke. Next trip he is the only survivor in a vehicle rollover and gets hurt in a mass casualty event while we were waiting on that godforsaken turbine in Sangin a few months later.

Proud to have him as a team-mate. We all have our faults, and Joe certainly has his. With what he has been through I'm not surprised, but I know he will be alright in the end.