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PRESS RELEASE

 

September 9, 2025

On Monday, September 8, MA2 Bower took responsibility for his role in the tragic death of his friend MA3 Lyndon Cosgriff-Flax.  MA2 Bower pled guilty to dereliction of duty resulting in the death.  The remaining charges — Negligent Homicide and False Official Statement — were dismissed.  The military judge sentenced MA2 Bower to seventy days  confinement.  Prior to the dismissal of the remaining charges, the maximum sentence MA2 Bower could have received was 8 years confinement and a dishonorable discharge.

MA2 Bower has previously expressed his remorse to MA3 Cosgriff-Flax’s parents and he did so again in an emotional statement in court on September 8.  While expressing incomprehensible grief, MA3 Cosgriff-Flax’s parents were also gracious toward MA2 Bower and his family.  Prior to announcing the sentence, the military judge praised both Sailors’ families for their handling of the tragedy.

During the sentencing hearing, MA3 Cosgriff-Flax’s father eloquently stated to the Court:  “My hope is that you, your honor, will have the wisdom to determine the most just outcome for those involved today. If there are others who share the burden of wrongdoing, I hope that the Navy will act righteously and bring them to accountability and execute the appropriate measures of justice.”

Justice in this case has been delayed because of a reflexive preference to avoid command and systemic accountability.

I believe the Navy has a moral obligation to provide a full accounting regarding the shortcomings which set the conditions for this tragedy to occur.  MA2 Bower took responsibility.  The command and the Navy should do the same.

After advocating on this case for many months, it is my belief that the Navy could have prevented this tragedy.  This is not the first small boat fatality.  If reforms are not implemented, I fear it will not be the last.

Peter Kageleiry, Jr.
Attorney at Law

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