Posted on 03/30/2006 12:46:38 PM PST by csvset
VIRGINIA BEACH A judge today dismissed the first-degree murder charge against Navy SEAL Ronald Gasper, saying there was no evidence of premeditation.
Even so, the jury could still convict Gasper of second-degree murder or manslaughter. It is not clear how that would affect his possible sentence.
Gasper is accused of shooting to death a fellow SEAL, Bradley Jondahl, in 2004 after the two Navy men returned to Gaspers apartment after a night of drinking.
Gasper admits shooting Jondahl, but claims it was in self-defense. His attorney argued in court that Jondahl was in an angry, drunken rage when Gasper shot him in the stomach.
The trial in Circuit Court began Monday with jury selection. Today, the prosecution rested and the defense began calling witnesses. The trial is expected to end sometime next week.
100% wrong. The UCMJ applies to all military servicemen at all times - on base or not.
From the U.S. Supreme Court case SOLORIO v. UNITED STATES:
'The jurisdiction of a court-martial depends solely on the accused's status as a member of the Armed Forces, and not on the "service connection" of the offense charged.'
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