An Army Officer Faced Jail Time for Spying on Girls. Then the Pentagon Stepped In.

A special court martial handed down a reprimand to an Army lieutenant colonel who was caught putting cameras in the dressing room of a clothing store by a 16-year-old girl. The Lt. Col., who fled from police when caught, pleaded guilty but will serve no jail time.

The slap on the wrist comes after civilian prosecutors initially attempted to pursue a criminal conviction. The Army convinced the court to let it handle the matter internally, however, and the officer was instead prosecuted through the Uniform Code of Military Justice. (UCMJ). Further, Motherboard found while seeking records related to the case that the court documents have since been sealed. 

The case illustrates a disturbing trend where the Pentagon swoops in to protect its soldiers when they commit a crime. If convicted in a civilian court, Sweatland could have served up to a year in jail. Instead, a military judge issued a reprimand, an official black mark on Swetland’s military record. 

When asked if Sweatland would have to register as a sex offer, a representative for the U.S. Army Cadet Command told Motherboard it would comply with state law. “A court-martial convicted Lt. Col. Sweatland of a qualifying sex-related offense. The Army is complying with all sex-related offense processing requirements,” Maj. Dan Lessard, spokesman for U.S. Army Cadet Command, told Motherboard.

At the time of his arrest, Lt. Col. Jacob Sweatland was the head of the Army’s Reserve Offcier’s Training Corps program at California Polytechnic State University in San Luis Obispo. He was responsible for shaping a new generation of U.S. military officers. In September 2022, Sweatland left a key fob with a hidden camera in it at a PacSun in San Luis Obispo. A 16-year-old girl found the camera and turned it in, and the store called the cops.

The cops took a look at the camera and found it still contained images and video from other dressing rooms in the area. Sweatland later called the store asking if anyone had found his key fob. The clerk, who was working with police, told Sweatland that someone had found it and he could come and retrieve it. The cops were waiting at the scene.

The details of the case from San Luis Obispo court records which were publicly available at the time of Sweatland’s arrest but are now sealed as part of his plea deal. Pieces of the records still exist from local reporting over the past few years. According to the now-sealed court records, which said that Sweatland faced charges of resisting arrest and obstructing justice in addition to invasion of privacy, the Lt. Col. fled when he got to the store and saw the cops. The police eventually tracked Sweatland down and arrested him. 

Mustang News, reporting based on court records that were available in 2023, said that Sweatland’s fob contained images from several locations including other retail establishments and the gym at the Cal Poly Rec center. The video was shot “from covert angles” and showed “women’s backsides as they [preformed] various exercises wearing shorts and tight fitting athletic wear.” At the time of his arrest, Sweatland was removed from his position at the University but wasn’t charged for the recordings because they were taken in a public area.

As the case against Sweatland moved forward last year, he and his lawyers did what they could to avoid civilian justice. Before the case was handed over to military prosecutors, Sweatland attempted to get it dismissed as a “Military Diversion.” In California, veterans and servicemembers can ask for courts to dismiss charges if the defendant is “suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service.”

According to court records, Sweatland’s defense team claimed that he’d undergone intensive therapy since his arrest. Sweatland’s service was no joke, he deployed in Iraq, Afghanistan, and Colombia and earned a Bronze Star and a Ranger Tab. He saw combat and it’s possible he’s suffering from service related PTSD. But the court of SLO wasn’t buying it.

“The calculated and covert method in which Defendant repeatedly targeted vulnerable young women demonstrates little potential for rehabilitation in the Military Diversion Program,” court records filed by the prosecutors said.

After his attempt at using the Military Diversion Program was thwarted, the Army stepped in. 

“When disposing of allegations of misconduct, the Army regularly coordinates with federal, state, local, and tribal law enforcement and prosecution authorities. In July 2023, the San Luis Obispo District Attorney’s Office initiated contact with the Army and requested the Army prosecute this case,” Lessard said. “After careful consideration of the evidence and in consultation with the victim, the Army preferred court-martial charges against Lt. Col. Sweatland on July 13, 2023.”

The military conducted an investigation of its own and handed down the reprimand during a special court martial. “On Jan. 22, 2024, at a special court-martial convened at Fort Knox, Ky., Lt. Col. Jacob J. Sweatland was convicted by a military judge, pursuant to his pleas, of one specification of indecent visual recording and one specification of conduct unbecoming an officer in violation of Articles 120c and 133, UCMJ. The military judge sentenced the accused to be reprimanded. The sentence was consistent with the terms of a plea agreement,” Lessard told Motherboard.

He explained that a reprimand is a punitive public censure. “A reprimand reflects negatively on a soldier’s military record and negatively affects a soldier’s career,” Lessard said. Despite the black mark, Sweatland does still have a career. He is currently assigned to the 8th Brigade of U.S. Army Cadet Command and is serving in an administrative role away from cadets.”

The Sweatland case highlights a problem with civilian-military relations and the Pentagon writ large. This is a persistent problem in the Army. In 2017, a soldier at Fort Hood allegedly assaulted his wife and fired a gun as she fled their home. The Army kicked him out of the service but did not pursue a case against him. The same thing happened the same year in Alaska after a soldier was accused of sexually assaulting a fellow soldier.

In both cases, there was physical evidence of the crime and no prosecution. The soldiers were simply allowed to return to civilian life. The Pentagon often runs cover for its soldiers, which creates a separate system of justice for those who serve.

Motherboard asked Cadet Command to respond to concerns that the Army’s handling of Sweatland would be viewed as a slap on the wrist. “A court-martial convicted and punished Lt. Col. Sweatland under adherence to the rules and procedures prescribed by the Uniform Code of Military Justice. We have no further comment on this matter while it is subject to appellate review,” Lessard said.

Update 2/9: This article was updated with more information from U.S. Army Cadet Command spokesperson Maj. Dan Lessard and the subhed has been changed to reflect this information.