Attorney: Ga. soldier charged in killings has PTSD

[Judi Lynn]

Source: Associated Press

Attorney: Ga. soldier charged in killings has PTSD
By RUSS BYNUM, Associated Press | December 6, 2013 | Updated: December 6, 2013 1:24pm

LUDOWICI, Ga. (AP) — An Army sergeant charged with shooting a teenage girl in the head while another soldier killed her boyfriend outside Fort Stewart two years ago suffers from brain injuries and post-traumatic stress after serving in combat in Afghanistan, the sergeant's defense attorney said Friday.

Sgt. Anthony Peden, 27, faces a possible death sentence if he's convicted of murder in the Dec. 4, 2011, slayings in Long County. Prosecutors say former soldier Michael Roark and his girlfriend, 17-year-old Tiffany York, were shot to protect an anti-government militia group formed by disgruntled soldiers from Fort Stewart in southeast Georgia.

Burt Baxter, an attorney for Peden, told a Superior Court judge Friday that the accused soldier has undergone psychiatric evaluations in preparation for his defense. He said Peden suffered traumatic brain injuries while serving in the Korangol Valley of Afghanistan.

"The treatment that he needs for his post-traumatic stress would be better served in a military prison," said Baxter, who told the judge he's asked the military to reconsider a possible court-martial for Peden.

The Army dropped all military charges related to the slayings last year, leaving it to civilian authorities to prosecute the case.


Read more: http://www.chron.com/news/crime/article/Attorney-Ga-soldier-charged-in-killings-has-PTSD-5041648.php

[Blue_Tires]

1. Why would the Army not prosecute this?

Because one of the victims was a civilian?

[atreides1]

3. No.

In some cases when a crime is committed by a member of the military off base...the military will turn it over to the civilian authorities to prosecute!

But the military can still court martial the defendants!

[Blue_Tires]

4. Even if the crime is committed against another person in the military?

Well, I see the victim was a "former" soldier, so that probably makes all the difference...

[happyslug]

7. Also the issue of double jeopardy.

I do NOT know Georgia law, but many states have held that if someone is tried for Murder in a Federal Court on a Federal Charge of some sort of Federal murder crime, to re-try him or her again in a State Court is Double Jeopardy.

On the other hand the Federal Courts have always said Double Jeopardy only kicks in if the crime is the same, and Murder in a State, and the various Federal Murder Statures are two different crimes issued by two different jurisdiction. i.e. If the Jury is the State Trial should rule the Defendant Not Guilty, the Federal Government could then pick up the case and try him or her again for violating any applicable Federal Law on that Murder.

Another angle is in a Court Martial you get a Jury that not only can decided the facts of the case, but can ask questions. In Civilian Courts Juries do NOT ask questions. Another difference is Military Juries are made of Officers, all not losing any pay for being on the Jury. In the case of a Civilian Jury, you are looking at 12 people not smart enough to get out of Jury Duty (and one side affect of this is Civilian Juries want to convict, the same is NOT true of Military juries).

Thus these two reasons, AND that is saves the Military Money by NOT having a Trial, explains why the Military declined to prosecute.

[jmowreader]

6. A big issue is the outrageousness of the crime

Civilians think quite often the military is lenient on troops who commit crimes against civilians. So if the offense is severe enough, the civil authorities will demand jurisdiction.

The truth is somewhat different: the military justice system will screw your ass to the wall because the head prosecutor on base is rated by the base commander, who can end your career for any or no reason.

[tazkcmo]

2. PTSD

I guess the sleeping pills the VA prescribed didn't cut it.

[dsteve01]

5. Oh how kind of them

They left the litigation tab for the local taxpayer instead of the federal taxpayer. They didn't have the political will to treat soldiers before they are pushed back into civilian life.

This is another example of the Military ignoring the PTSD epidemic. I wish there was something more that could be done--it all just seems so needless.

[Aristus]

8. "Your Honor, I would like to call to the stand,

every service member with PTSD who didn't commit murder..."