Sex Charge Dropped Against Air Force Colonel; State to Pursue Assault & Battery Indictment

The misdemeanor sexual battery charge against U.S. Air Force Col. Jeffrey Krusinski was dismissed Thursday in Arlington County General District Court after prosecutors pledged to pursue an assault and battery indictment against him.

Krusinski, a 41-year-old Arlington man who worked at the Pentagon, helmed the Air Force's sexual assault prevention program until early May. He was removed from that position on a Monday after police said he grabbed a woman's breasts and buttocks in a Crystal City parking lot the weekend prior.

"Charging decisions such as this one must be based on the facts and the law of each individual case, not on politics or the desire to have a 'teachable moment' concerning issues such as sexual abuse in the military," Krusinski's attorney, Barry Coburn, said in a statement handed out to a media horde outside the Arlington County Courthouse.

"It is noteworthy that the reason this case became highly publicized was the combination of Col. Krusinski's job responsibilities in the Air Force and the fact that he initially was arrested for misdemeanor sexual battery. His name and photograph were in virtually every newspaper in the country for these reasons."

Krusinski appeared before Chief Judge Thomas Kelley Jr. wearing a blue suit.

Coburn, in his statement and in front of cameras, thanked the Commonwealth's Attorney's Office for its "careful and deliberate decision-making process."

But Commonwealth's Attorney Theo Stamos later told Patch that not much had changed. Had Krusinski been convicted of the initial charge, his name would not have appeared on any kind of sex offender list.

And as to his job, she said, "It has nothing to do with it."

Virginia statues and case law require a substantial amount of evidence to prove sexual battery, she said. After her office's investigation, prosecutors agreed that a misdemeanor assault and battery charge was more appropriate.

Prosecutors now will seek an indictment from an Arlington County Grand Jury. Assuming that is handed down, the case will be tried in Arlington County Circuit Court. Stamos told Patch that one reason her office chose the course of action it did is that the higher court does not allow for cases to be tried twice — which is allowed in General District Court — and therefore the victim in this case will be spared having to testify two times.

Krusinski's military counsel was in court Thursday to observe. So was Air Force Reserve Col. Valerie S. Knobloch, who said she was the victim of attempted rape eight years ago and has suffered years of sexual harassment since.

"It still needs to be addressed in the military," Knobloch said outside the courthouse. Men and women who have been victims of military sex trauma "need to be able to come forward in a safe environment," she said.

Knobloch praised the efforts of U.S. Sens. John McCain, Tim Kaine and Claire McCaskill for their efforts in trying to address sex abuse in the military.

In the days following Krusinski's initial charge, Kaine, a Virginia Democrat, pressed military brass about the incident and speculated that such crimes would deter men and women from serving in the military in the future.

Around the time, the Pentagon issued a report stating about 70 sexual assaults involving military personnel happen every day.