Deceased/Not Found Philippines - Ensign Andrew Muns, 24, Subic Bay, 17 Jan 1968 *M. LeBrun guilty*

Richard

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Ens. Andrew Lee Muns, USN - Missing 17 Jan 1968

Andrew Lee Muns
Missing since January 17, 1968 from Subic Bay Naval Station, Philippines.
Classification: Endangered Missing Vital Statistics
Date Of Birth: October 12, 1943
Age at Time of Disappearance: 24 years old
The Doe Network: Case File 513DMVA

Distinguishing Characteristics:
White male. Muns wears eyeglasses. His nickname is "Andy."

Circumstances of Disappearance
Muns was an Ensign in the United States Navy in 1968. He is originally from Mt. lebanon, PA, a suburb of Pittsburgh. Muns and his family moved from Mt. Lebanon to Upper Montclair, NJ at the end of his Sophmore year at Mt. Lebanon Senior High School. After moving to New Jersey, he joined the armed forces after graduating from Gettysburg College. Muns was the new payroll officer aboard the USS Cacapon, a refueling ship based at Subic Bay in the Philippines. The naval station was a forward staging area for United States forces during the Vietnam War.
Muns was last seen aboard the Cacapon on January 17, 1968. He has never been heard from again. Investigators learned that $8600 was missing from the ship's safe shortly after Muns disappeared. Authorities believed that he stole the money, as Muns was allowed access to the funds in his capacity as paymaster. The Navy labeled Muns a deserter and closed his case in 1968.

Muns' family never believed the authorities' determination in his disappearance. His loved ones stated that it would have been completely uncharacteristic of Muns to steal and vanish from sight. He was described as adventurous and friendly in 1968. Muns' relatives had him declared legally deceased in New Jersey in 1976, eight years after he vanished. The Navy refused to allow an American flag to be draped over an empty casket at Muns' priate memorial service at that time, stating that he had been classified as a deserter and the privledge was reserved for officers who had been honorably discharged.

Muns' sister eventually turned to the Internet for assistance in her brother's disappearance in the mid-1990s. She posted a message on a Vietnam veterans' bulletin board on-line, asking crew members of the Cacapon in 1968 to contact her. One of the former officers responded to her plea and agreed that it was unlikely Muns stole the money and disappeared of his own accord. Muns' sister researched his case again shortly thereafter and pointed out that $51,000 remained inside the Cacapon's safe after Muns disappeared. It made little sense for Muns to have taken only $8600 of the full amount and vanish.

The case was reopened by the Naval Criminal Investigative Service (NCIS) cold case unit in 1998, thirty years after Muns disappeared. Authorities interviewed many of the Cacapon's former crew members and learned that many of them never believed Muns left the ship of his own will. Investigators began leaning towards the possiblity that foul play was involved in Muns' case.

Michael Edwards LeBrun served as a petty officer alongside Muns on the Cacapon in 1968. LeBrun was also one of the first individuals to suggest that Muns had stolen the money at the time of the initial investigation. LeBrun worked in the dispersing office with Muns in January 1968 and also had access to the ship's safe.

LeBrun was a real estate salesman in Greenwood, Missouri when authorities located him in the late 1990s. He confessed to Muns' murder during a videotaped interview session with investigators. LeBrun said that Muns caught him stealing the $8600 from the safe and he strangled Muns to death in the dispersing office to cover up his crime. LeBrun claimed that he disposed of Muns' remains in one of the Cacapon's oil tanks, explaining why Muns' body had never been located.

A grand jury indicted LeBrun for Muns' murder in March 2001. A judge later determined that LeBrun's constitutional rights had been violated during the videotaped confession and ruled that the evidence was not admissable in court. LeBrun claimed that authorities harassed him into his confession. The government appealed the court's decision, as there is no physical evidence of the alleged crime and LeBrun's confession was the basis for the charges. Authorities advised LeBrun of his Miranda rights during their initial interview, but investigators never stated his rights immediately prior to the videotaped confession.

Muns was given full military honors at a memorial service in Arlington National Cemetery in Virginia in June 2001. A ceremonial casket was draped with an American flag and Muns was no longer classified as a deserter. A headstone was placed at the burial grounds in Muns' memory.

If you have any information concerning this case, please contact: Naval Criminal Investigative Service Headquarters (toll-free) 800-479-9685

Source Information:
ABC News
Arlington National Cemetery
The Daily Texan
The Washington Post

Link:
http://www.doenetwork.org/cases/513dmva.html
 
40 Years ago this month:

----------------------------
Andrew Lee Muns
Missing since January 17, 1968 from Subic Bay Naval Station, Philippines.
Classification: Endangered Missing

Vital Statistics
Date Of Birth: October 12, 1943
Age at Time of Disappearance: 24 years old
Distinguishing Characteristics: White male. Muns wears eyeglasses.
AKA: Andy

Circumstances of Disappearance

Muns was an Ensign in the United States Navy in 1968. He was last seen aboard the Cacapon on January 17, 1968. He has never been heard from again. Investigators learned that $8600 was missing from the ship's safe shortly after Muns disappeared. Authorities believed that he stole the money, as Muns was allowed access to the funds in his capacity as paymaster. The Navy labeled Muns a deserter and closed his case in 1968.

Muns' family never believed the authorities' determination in his disappearance. Muns' relatives had him declared legally deceased in New Jersey in 1976, eight years after he vanished.

The case was reopened by the Naval Criminal Investigative Service (NCIS) cold case unit in 1998. Authorities interviewed many of the Cacapon's former crew members and learned that many of them never believed Muns left the ship of his own will. Investigators began leaning towards the possiblity that foul play was involved in Muns' case.

Michael Edwards LeBrun served as a petty officer alongside Muns on the Cacapon in 1968. LeBrun worked in the dispersing office with Muns in January 1968 and also had access to the ship's safe.

LeBrun was a real estate salesman in Greenwood, Missouri when authorities located him in the late 1990s. He confessed to Muns' murder during a videotaped interview session with investigators. LeBrun said that Muns caught him stealing the $8600 from the safe and he strangled Muns to death in the dispersing office to cover up his crime. LeBrun claimed that he disposed of Muns' remains in one of the Cacapon's oil tanks, explaining why Muns' body has never been located.

A grand jury indicted LeBrun for Muns' murder in March 2001. In September 2005, shortly before jury selection in his trial was about to begin, LeBrun admitted the confession was true and pleaded guilty to manslaughter in connection with Muns's case.

Investigators
If you have any information concerning this case, please contact:

Naval Criminal Investigative Service Headquarters (toll-free)
800-479-9685

Source Information:
ABC News
Arlington National Cemetery
The Daily Texan
The Washington Post
The Doe Network: Case File 513DMVA

LINK:

http://www.doenetwork.org/cases/513dmva.html
 
Are oil tanks ever emptied I wonder? Where would he be if the confession is true?
 
Brother's mystery begins to unravel
March 20, 2001

His spine was rigid, unmovable. His stiffness and pain, clearly evident.

And to Mary Lou Taylor, his condition was a symbol: a sign that the man she was looking at, the man she believes killed her brother, had been carrying the dead man's weight for three decades.

http://news.google.com/newspapers?i...&pg=6746,9860785&dq=andrew+muns+missing&hl=en


Court says man's confession to killing can't be used
October 4, 2002

A federal appeals court ruled that a Greenwood man's confession in the 1968 killing of a Navy shipmate cannot be used against him - raising the possibility that he will never be tried.

http://news.google.com/newspapers?i...J&pg=5117,190315&dq=andrew+muns+missing&hl=en


United States 8th Circuit Court of Appeals Reports
April 9, 2004

After thirty-three minutes of questioning, Michael LeBrun confessed to naval investigators that in 1968, while he was enlisted in the United States Navy, he strangled to death his superior officer, Ensign Andrew Muns, on board the U.S.S. Cacapon after Ensign Muns caught LeBrun robbing the safe in the ship's disbursing office.

http://www.loislaw.com/ogpc/login.h...%2F17%2F2000%2Ccd_max%3A1%2F17%2F2005&tbm=nws


Man pleads guilty to manslaughter in ’68 killing
September 8, 2005

A man accused of killing a Navy shipmate in the Philippines in 1968 pleaded guilty to a reduced charge of voluntary manslaughter Thursday.

http://msnbc.msn.com/id/9258759/


Ex-Navy Man Heads To Prison For 1968 Slaying
March 24, 2006

A former Navy seaman who killed his shipmate nearly 40 years ago was sentenced Friday to four years in prison.
 
I don't understand why he was released after he admitted he killed him. So where is the body? most likely in the sea or if its a ocean.
 
Looks like LeBrun is a free man after less than 4 years in prison for murdering Andrew Lee Muns.

--------------------------------

Name MICHAEL EDWARD LEBRUN

Register # 14148-045

Age-Race-Sex: 66-White-M

Release Date 02-27-2009

Location RELEASED

Source:

Federal Bureau of Prisons

LINK:

http://www.bop.gov/iloc2/InmateFind...=&LastName=lebrun&Race=U&Sex=U&Age=&x=58&y=14


that four year sentence seems a bit light.....
wonder if he is now ''dishonorably'' discharged on his records?
 
oh and there is more about the murderer too.....

from 2005 there were charges against him for sodomy of an 8 yr old girl.....so he was going to prison for that too



"LeBrun began serving his sentence Friday in the Jackson County Detention Center. He faces state sodomy charges for allegedly assaulting an 8-year-old girl in 2005''

http://www.arlingtoncemetery.net/almuns.htm
 
Four years may seem light, but the fact that he plead guilty at all after his confession was thrown, seems like charity on his part. This is because there was absolutely no evidence that could be used against him, and he could never have been brought to trial absent his plea of guilty.

Also, he was tried in federal court and not military court, which means that he did not retire from the military and military jurisdiction had lapsed. But this was long before MEJA which preserves federal jurisdiction after military jurisdiction has lapsed, for crimes on foreign soil. I guess the Phillipines must have been a US territory at the time? How else was there jurisdiction to even bring him to court?
 
This case was clearly in the Jurisdiction of the US Navy because both the murderer and the victim were on active duty and aboard the US Ship. The Philippines would have had no jurisdiction at all. Because of the passage of time, it was probably decided to shift jurisdiction to the Federal Court.

LeBrun probably still has whatever discharge he was given 40 plus years ago, but because of the conviction of manslaughter, the VA could refuse him certain benefits.

I hope that Andrew Muns' Official Navy Record was corrected to indicate that he was killed while on duty and was not a deserter. It is likely that his pay and insurance was withheld from his family when he was declared a deserter.
 
This case was clearly in the Jurisdiction of the US Navy because both the murderer and the victim were on active duty and aboard the US Ship. The Philippines would have had no jurisdiction at all. Because of the passage of time, it was probably decided to shift jurisdiction to the Federal Court.

LeBrun probably still has whatever discharge he was given 40 plus years ago, but because of the conviction of manslaughter, the VA could refuse him certain benefits.

I hope that Andrew Muns' Official Navy Record was corrected to indicate that he was killed while on duty and was not a deserter. It is likely that his pay and insurance was withheld from his family when he was declared a deserter.

Richard, you are mistaken. Once a service member is discharged and there is a break in service, there is no longer jurisdiction under the UCMJ. If somebody retires, there continues to be jurisdiction.

Hence, he was prosecuted in federal court and not military court. But that is only possible recently, under MEJA: http://en.wikipedia.org/wiki/Military_Extraterritorial_Jurisdiction_Act, which would not have been in effect at the time of the crime. I'm sure there is an answer, but it is not clear how federal court had jurisdiction in this case.

I think this may be the answer, if the ship was sea when the crime happened:

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00670.htm
 
The ship was probably not at sea when the murder occurred, or Ensign Muns would have been declared missing at sea, perhaps assumed to have fallen overboard. He would not have been declared a deserter under such conditions.

You are probably right regarding what court first assumed jurisdiction of the Murder/Manslaughter case, since it was not regarded as such in 1968. The missing money, missing person, etc were all matters in the jurisdiction of the Navy, and if murder could have been proven or suspected in 1968, they would have had full jurisdiction in the case.

The Philippine Government, however, would have had no jurisdiction whatsoever in a case like this.

The truly sad part of the whole story is that Ens. Muns was killed while doing his job and was considered to be a criminal (deserter) for over 35 years as a result. His family did not get a body to bury or even any acknowledgement of his service all that time, because of the dirtbag LeBrun's crime. He got only 4 years in Federal Prison for it. Any update on his current wherabouts and crimes against children?
 
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Andrew Muns, US Navy

After U.S. Naval Officer disappears in 68, the Navy claims he went AWOL. But his sister works for over 30 years to prove that he was really killed...

Andrew Muns Disappeared from USS Cacapon, Listed AWOL; 30 Plus Years Later, NCIS Cold Case Squad Solved Murder; Michael LeBrun Plead Guilty (1968)


The 1968 disappearance of Ensign Andrew Lee Muns, 24, US Navy, was long a mystery. But his family never gave up. As a result, the case was reopened by the Navy in 1998 at the urging of Muns’s sister, Mary Lou Taylor. Muns’s body was never found and the Navy listed him as a deserter after $8,600 was discovered missing from a ship safe. He was not eligible for burial at Arlington National Cemetery because he didn’t have an honorable discharge. His family wanted to set the record straight in an effort to honor his name. An NCIS Cold Case Squad investigation revealed that cashier and payroll clerk, Andrew Muns, caught Michael LeBrun stealing from the ship’s safe. Muns threatened to report him and LeBrun panicked. He punched him, Muns punched him back, they struggled, and LeBrun overpowered Muns and strangled him in an effort to silence him. Then he needed to get rid of the body. LeBrun wanted to throw him overboard but was afraid others would hear the splash and the body would float. He threw his body in a muck tank instead knowing it would not be inspected for a year and a half. LeBrun eventually pleaded guilty to voluntary manslaughter in September 2005 for killing Andrew Muns. He was sentenced to four years in prison. Andrew Muns was buried in Arlington National Cemetery with full honors and the flag was given to his family...
 
Ensign Andrew Muns RIP Thank You for your service to our nation. And to his sister and family, God Bless and Thank You for reminding us Never Ever Give up Hope ! Thank you Richard for sharing this with us.
 
"Sentenced to 4 years in prison for voluntary manslaughter"....4 years...ridiculous
He would have got more for a simple robbery.... :rolleyes::rolleyes:
I really don't call this justice :cool:
 

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