Court martial against Air Force general accused of sexual assault begins on Monday

Air Force Maj. Gen. Phillip Stewart leaves the courthouse following his arraignment on Jan. 18, 2024, at Joint Base San Antonio-Fort Sam Houston, Texas. (Rose L. Thayer/Stars and Stripes)

AUSTIN, Texas – A sexual encounter during a night of alcohol-fueled conduct between an Air Force general and a junior officer on a business trip has led to a court-martial on assault charges set to begin Monday at Joint Base San Antonio.

Major General Phillip Stewart is charged with two counts of sexual assault in connection with an encounter with a woman under his command during a trip to Altus Air Force Base, Oklahoma, in April 2023.

Stewart’s lawyers argued in court that the encounter, which took place in Stewart’s hotel room after a night of drinking with two other service members, was consensual. Prosecutors claim the woman did not consent and could not have done so because Stewart was her boss and outranked her.

The two-star general is accused, among other things, of having penetrative sexual intercourse with the woman, as well as oral sex with her, according to his indictment.

The prosecutor in the case, Col. Naomi Dennis, said during a hearing in March that the couple’s relationship was on-call, making it difficult to distinguish the line between professional and personal.

“She describes the sexual assault to police officers… ‘I don’t know how to tell this man to say no,'” Dennis said.

Dennis also testified at trial that the victim said everything she did was to give Stewart what he needed. Her phone messages included sending him a photo of his parked car and running errands for him.

Keith Scherer, Stewart’s attorney at the March hearing, argued that it was “guilt and shame” that led to the charges, rather than consensual sex. He said after the two had sex, they stayed in bed together and she expressed concerns about what she would tell her husband.

Stewart is also charged with dereliction of duty for flying a training aircraft in Altus within 12 hours of consuming alcoholic beverages during the same visit, conduct unbecoming an officer and adultery, according to his indictment.

At the time of the indictment, Stewart commanded the 19th Air Force, the unit responsible for pilot training within the Air Education and Training Command at Joint Base San Antonio-Randolph Air Force Base.

Lt. Gen. Brian Robinson, the commander of the Training Command, relieved Stewart in May 2023 and decided last year to pursue court-martial proceedings despite an October hearing report advising against it.

“Given that an experienced judge at the Article 32 preliminary hearing failed to find a probable cause to support the sexual assault charge, I am deeply troubled by Lt. Gen. Robinson’s decision to refer this charge to a court-martial,” said Sherilyn Bunn, Stewart’s current attorney.

Bunn, a former military lawyer, is the third attorney to lead Stewart’s defense team.

Selection of the eight generals for the jury, known in the military as a panel, begins Monday. All must have the same rank as Stewart or higher, said Rachel VanLandingham, a former Air Force lawyer.

“This is due to the realization, the fear, that if the defendant were of higher rank, the jury would be intimidated by the rank,” she said. “This ruling can be waived if there are not enough people of equal or higher rank.”

The Air Force says it has 289 general officers. Of these, 58 have a higher rank than Stewart. Another 78 are also two-star generals.

The Air Education and Training Command has not disclosed the number of officers brought to San Antonio as potential jurors. In selecting them, the court will determine whether any of the officers have a potential bias, such as a close relationship with the defendant or the victim.

Once the trial begins, only six of the eight jurors must agree to convict Stewart.

“(The military) is the last remaining criminal jurisdiction in the United States … that allows a non-unanimous verdict in a criminal case,” VanLandingham said.

Two years ago, the Air Force convicted Major General William Cooley of sexual assault, but the trial was conducted by a single judge and did not require a jury. Cooley was the first Air Force general to be court-martialed. He was ordered to reprimand and forfeit about $55,000 for forcibly kissing a civilian at a barbecue in 2018.