It is a well known fact that soldiers who have seen combat, killed others while at war and watched their friends die, suffer greatly after they return home. Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injuries often make reentry into civilian life very difficult. That’s why so many of them turn to alcohol and drugs, self-medicating to cope with the emotional and psychological trauma of war, and why so many of them also end up in the prison system after serving our country.
One North Carolina judge chose to address this all-too-common problem with unprecedented kindness and compassion. In sentencing Sgt. Joseph Serna to jail for one night for lying about a urine test, Judge Lou Olivera chose to serve the sentence with him out of concern that being alone in the cell would trigger Serna’s PTSD.
Serna, a former Special Forces soldier, served four combat tours in Afghanistan with the U.S. Army. During that time, he survived numerous near-deadly encounters with suicide bombers and roadside bombs. In one of those tragic circumstances, Serna was the only survivor. His service earned him three Purple Hearts along with a number of other honors, but none of that changed the fact that when he returned, this hero struggled with severe PTSD.
Serna worked very hard to stay sober
After being arrested for drunk driving, Serna entered Cumberland County’s veterans treatment court program which is where Judge Olivera presides. Once he was involved in the program, Serna worked very hard to stay sober. But after 25 meetings to review his progress, Serna slipped up. He lied about a urine test, and in response, Judge Olivera sentenced him to spend a night in jail.
However, the Judge was worried that sitting alone in a dark cell would trigger Serna’s PTSD. He saw Serna trembling when he arrived to turn himself in, so the judge chose to serve the time with him. Olivera, a veteran of the Gulf war, understood the difficulties that veterans face and his investment in this one soldier’s success has taken the internet by storm.
According to media sources, Judge Olivera and Sgt. Serna sat up all night talking about their experiences in the military, swapping war stories and sharing their lives. When asked later about why he did it, Judge Olivera said that he had been reminded of a story he once read about a soldier with PTSD who was down in a hole. “A family member, a therapist and a friend all throw down a rope to help the veteran suffering. Finally, a fellow veteran climbs into the hole with him. The soldier suffering with PTSD asks, ‘Why are you down here?’ The fellow veteran replied, ‘I am here to climb out with you.’”
As Michigan criminal defense attorneys, we understand that there is always a history to people’s circumstances, always a story behind their choices. We salute Sgt. Serna, thank him for his service and applaud Judge Cerna’s selfless act of compassion. The more the law can be dispensed with kindness, sensitivity and concern, the more humane justice will become.