In the wake of former Navy Captain John Nettleton being sentenced to two years in federal prison for his role in obstructing an investigation into the 2015 death of Hatfield-native Christopher Tur, the Tur family has announced they will pursue civil action against Nettleton and others involved in the case.
In a Monday morning interview with North Penn Now, attorney Francis Malofiy, Esquire, who is representing the Tur family, said that “justice delayed is justice denied,” and it is his position that “Nettleton got away with murder.”
“Captain Nettleton needs to be held accountable,” said Malofiy. “The Navy did a deplorable job of reprimanding one of their own, that they kicked this can around the room for two years and never brought a court martial against him. At the very least, the Tur family demands that the Navy strip this man of his rank and title.”
In January 2015, the body of Christopher Tur — a Marine Corps combat veteran who later took a civilian contractor position as Loss Prevention/Safety Manager at Navy Exchange Guantanamo Bay — was discovered floating in the bay following a two-day search. That search, however, was proceeded by a fight between Tur and Nettleton regarding an alleged affair between Nettleton and Christopher’s wife, Laura. [Read more about the incident here.]
The Tur family said that in the months and years that followed, the Navy provided few answers and generally gave the family the run-around. Despite the initial investigation by the Navy, no criminal charges were filed against Nettleton or anyone else under the Uniform Code of Military Justice. Instead, the Department of the Navy handed off the investigation to the Department of Justice, which levied charges four years later – in 2019.
“The Navy failed to inform the family of the findings of their investigation,” said Malofiy. “The family learned about it four years later – in 2019 – when the federal indictment against Nettleton was released.”
With the 2019 federal indictment for Nettleton came charges of obstruction of justice, falsifying records, making false statements and concealing material facts, as well as many newly uncovered details that hadn’t been made available to the Tur family.
What wasn’t there, however, was a homicide or murder charge against Nettleton — something the family had lobbied for after reading the indictment.
“We don’t know why the Navy has acted so limp-wristed in their approach to Captain Nettleton, instead of chastising and denouncing what he had done,” said Malofiy. “They basically chose not to assert any disciplinary responsibility upon him. He should have been court martialed and this should have been handled on the Navy side.”
“What it comes down to — and you can quote me — is that I believe Nettleton got away with murder,” Malofiy added.
Nettleton was found guilty on six of eight charges in January 2020, and was sentenced last week to two years in federal prison — a sentence which was below the prosecutor’s recommendation of 37-to-46-months, and well below the maximum of 100 years in prison.
But while Nettleton’s legal issues have concluded on the criminal end, Malofiy said he’s just getting started on the civil side of the law.
Malofiy noted that Nettleton invoked his Fifth Amendment rights to avoid self-incrimination during the Navy’s investigation, which carries no penalty in criminal court. However, in civil court, a refusal to testify can draw an adverse inference against the party refusing to testify, which is often damaging to the refusing party’s defense.
If he succeeds in getting Nettleton to testify, Malofiy hopes that Nettleton will ultimately provide answers to some of the Tur family’s questions, which could also possibly lead to the Navy reexamining their investigation and filing additional charges. Should Nettleton refuse, Malofiy said he’s confident a jury would return a guilty verdict on a wrongful death claim.
“It’s important to remember: Nettleton expressed no sorrow for the death of Christopher, nor did he express remorse for violating the sanctity of their marriage,” said Malofiy. “Nettleton is only sorry that he got caught.”
Efforts by North Penn Now to reach Nettleton or his representatives have been unsuccessful at this time. Should they reply to our requests for comment, we will update this article accordingly.
See also:
Former Navy Capt. Gets 2 Years In Prison For Obstructing Investigation Into Death Of Local Marine
Petition Launched Seeking Further Penalty For Navy Captain Involved In Death Of Local Marine
Jury Finds Navy Captain Guilty Of Lying About Death Of Local Marine At Guantanamo Bay
Family Seeks Justice In Death Of Local Marine At Guantanamo Bay
