Posted on 03/11/2006 8:44:24 PM PST by SmithL
FORT CAMPBELL, Ky. - A military judge ruled Friday that an Army private accused of shooting at his fellow soldiers during morning exercise is competent to stand trial.
The judge, Lt. Col. Richard Anderson, said Pvt. Nicholas D. Mikel showed no signs of dementia and was coherent of his surroundings during a psychological evaluation last month.
"In my interaction with Private Mikel, it appears to me that he has been able to understand my questions and what's going on," Anderson said during a hearing at Fort Campbell.
Mikel, 21, faces three counts of attempted murder for shooting into a physical training formation at the Army post in October with a nonmilitary issue handgun. No one was hurt.
Fort Campbell officials last month announced that the case was referred to a general court-martial, moving Mikel closer to facing the charges in a military court after months of being held in pretrial confinement.
Military attorneys on Friday said in court they were working through details of a plea agreement, but would not discuss details.
Mikel's court-martial is scheduled to begin March 20.
During the hearing, defense attorneys argued that prosecutors had been negligent in failing to bring the case to a speedy trial, as required by the U.S. Constitution and the Uniform Code of Military Justice.
Maj. Scott Lawson, the Army prosecutor, said the delay was a result of "vigorous" work that entailed gunshot residue analysis and countless hours of interviews.
"This was a massive investigation," Lawson said. "The charges and conduct in this case are complex."
Mikel, of DeBary, Fla., was assigned to the rear detachment of Company E, 1st Brigade Combat Team, 101st Airborne Division. He also faces 23 assault-related charges, and one count each of attempted rape, larceny and failing to register a deadly weapon.
Post officials said Mikel fired five shots from a .357-caliber handgun into the formation of soldiers in his unit about 7 a.m. on Oct. 13.
The attempted rape charge stems from the day before, when Mikel allegedly tried to have a "romantic interlude" with a female soldier, officials said.
Mikel also is accused of stealing a government computer.
As this article points out this fellow seemed to be determined to be the worst soldier ever:
Article published Feb 22, 2006
Soldier closer to trial in PT attack
101st private referred to court-martial to face charges of attempted murder
By CHANTAL ESCOTO
The Leaf-Chronicle
A soldier accused of shooting into a physical training formation on Fort Campbell in October has had his case referred to a general court-martial.
Pvt. Nicholas D. Mikel, 21, of DeBary, Fla., is assigned to the rear detachment of Company E, 1st Brigade Combat Team, 101st Airborne Division. He faces charges of multiple attempted murder, attempted rape, multiple assaults, larceny and failing to register a deadly weapon.
Post officials announced Tuesday Mikel's case was sent to a court-martial.
Mikel's arraignment will be today, and during the proceeding, his formal charges will be read to him, and he will make his plea known to the military court.
Post officials said Mikel fired five shots from a .357-caliber handgun into the formation of fellow soldiers in his unit about 7 a.m. on Oct. 13. No one was injured.
The attempted rape charge stems from Oct. 12, when he tried to have a "romantic interlude" with a female soldier, officials have said. Mikel also is accused of stealing a government computer.
A Criminal Agency Division agent said during the Article 32 hearing in November that child pornography was found on a computer in Mikel's possession, but it was not disclosed if the images were on the stolen computer.
Additionally, Mikel is accused of failing to register a firearm with the post provost marshal.
Mikel has been confined pending the court-martial outcome recommended Thursday by garrison commander Col. Larry D. Ruggley.
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