Air Force general faces fine and no prison sentence after acquittal on sexual assault charges

Maj. Gen. Phillip A. Stewart, 19th Air Force commander, delivers closing remarks during the 19th Air Force change of command ceremony, Aug. 19, 2022, at Joint Base San Antonio-Randolph, Texas. Stewart oversees senior-level training and staffing for flight operations, contracts, logistics and maintenance trends. (Tyler McQuiston/Air Force)

FORT SAM HOUSTON, Texas — A jury found an Air Force general guilty Saturday of conduct unbecoming an officer for inviting a junior female officer to spend the night in his hotel room and dereliction of duty by flying within 12 hours of consuming alcohol. But it found him not guilty of the more serious charge of sexually assaulting the woman.

Major General Phillip Stewart pleaded guilty on Monday to adultery and a second count of disorderly conduct for having an unprofessional relationship with the woman, a lieutenant colonel who worked in his office at the 19th Air Force.

Military Judge Colonel Matthew Stoffel sentenced Stewart to a reprimand, a detention at Joint Base San Antonio-Randolph Air Force Base in Texas and a fine of $60,000. Stewart will not be discharged from the service.

“You have thrown a lot away through your actions,” Stoffel said. “You owe it to the people (who support you), your family and the United States to become a productive member of society again.”

The sentence was halfway between the demands made by both sides at the sentencing hearing following the verdict.

Prosecutor Lt. Col. Pete Havern had called for a $50,000 fine, dismissal from service and several months in prison for Stewart.

Stewart’s lawyer asked the judge to consider a prison sentence before releasing him.

Stewart, a fighter pilot, addressed the judge during the sentencing and tearfully pleaded not to be discharged from the service. During his five-minute testimony, he also mentioned that it was the sixth birthday of his younger of two daughters.

“It’s hard to think about life outside of the service,” Stewart said. “I am so much more than that. I apologize for letting the Air Force down.”

He spoke about the more than three years he spent deployed to Saudi Arabia, Iraq and Afghanistan during his 31-year career and about being part of the fourth generation of Stewart Soldiers to serve in the military.

Stewart’s service history and lack of any past disciplinary action were part of the sentencing, Stoffel said. Since alcohol was linked to the allegations against Stewart, the judge advised him to undergo therapy.

Stewart makes about $18,000 a month and his fine will be deducted from his pay for six months. Lt. Gen. Brian Robinson of the Air Education and Training Command will write the reprimand because he decided to court-martial Stewart.

Rachel VanLandingham, a former Air Force lawyer, said she agreed with the jury’s verdict, but given that Stewart commanded thousands of soldiers, the sentence seemed “disproportionately lenient.”

“Instead, this paltry verdict exposed the hypocrisy of senior officers who seem to live by a different set of rules. This woefully lenient verdict also highlights a serious procedural flaw in the military justice system – the lack of independent judges who, beneath their robes, are military officers concerned about their careers and who abide by the high ranks just like everyone else. I am disgusted,” she said.

A special victim advocate read a statement from the lieutenant colonel who accused Stewart of misconduct and described the impact the complaint process and court-martial had on her marriage and career. She retires in November.

Reasonable, sober faith

The jury of two women and six men, all three-star generals, deliberated for about eight hours on Friday afternoon and Saturday morning before reaching a verdict on the sexual encounter that took place in April 2023 at Altus Air Force Base in Oklahoma.

There was no doubt that the two had sexual intercourse during this time, so the jury must now decide whether the woman’s consent without verbal consent constituted sexual assault or whether she simply felt guilty about cheating on her husband.

On the night the two had sex, the subordinate officer accepted an invitation to have a glass of wine with Stewart alone at his hotel in Altus, according to court testimony.

In the weeks between the encounter and her report to the Air Force’s Office of Special Investigation, the woman and Stewart sent each other personal messages.

The judge instructed the jury to consider a defense called “mistake of fact,” meaning they should ask themselves whether a sober, reasonable person would have believed there was consent.

Jury selection began on June 18 at Joint Base San Antonio-Fort Sam Houston in Texas. Eighteen generals attended the selection process in person. It took six days for the jury to be seated.

On Monday, they began testimony from the police officer who accused Stewart of assault. She spent nearly seven hours answering questions. Stars and Stripes does not name people who claim to be victims of sexual assault.

Before closing arguments were heard Friday morning, 11 more witnesses testified. Among them were the officer’s husband, two soldiers who were also drinking at Stewart’s hotel the night the sex act took place, and the captain who was in charge of the flight in Altus that Stewart took control of after a night of drinking.