Charges filed against two U.S. soldiers accused of murdering Afghan civilians will be re-examined as new evidence has been entered in both cases.
Article 32 investigations for Spc. Michael S. Wagnon II of Las Vegas, Nev., and Pvt. 1st Class Andrew H. Holmes of Boise, Idaho, have been reopened.
“For both of them, their original 32s were done last fall,” Maj. Chris Ophardt of the Public Affairs Office at Joint Base Lewis-McChord in Washington, said.
At the time, photographs and another soldier’s testimony were not entered.
Spc. Jeremy Morlock of Wasilla, Alaska, pleaded guilty in March to three specifications of premeditated murder, along with other specifications, in a deal that included testifying against his co-defendants.
He was sentenced to 24 years in prison.
Defense lawyers for Wagnon and Holmes wanted the Article 32 investigations reopened to introduce the photographs and Morlock’s testimony.
“To see if he (the investigating officer) would change his mind on any of the charges,” Ophardt said.
In May 2010, military officials said five soldiers, including one from Cape Coral, had been implicated in the deaths of three Afghan civilians. Officials reported that the murders took place between January and May 2010.
Wagnon was charged with one specification each of premeditated murder, conspiracy to commit premeditated murder, conspiracy to commit assault consummated by battery and committing assault with a dangerous weapon.
Holmes was charged with premeditated murder, conspiracy to commit premeditated murder, conduct prejudicial to good order and discipline, violating a lawful general order and wrongfully using a controlled substance.
According to Ophardt, the investigating officer will go back and reconsider each case. He then will recommend the same charges or make any changes. The commander can accept the investigating officer’s findings or continue.
Holmes had his new Article 32 hearing on May 25. As of Tuesday, the investigating officer had not made a decision in the case, Ophardt said.
Wagnon’s new Article 32 hearing is scheduled for June 14.
Also accused in the murders is Cape resident Spc. Adam C. Winfield.
He is charged with one specification each of premeditated murder, committing an assault with a dangerous weapon, conspiracy to commit premeditated murder, conspiracy to commit aggravated assault with a dangerous weapon and wrongfully using a controlled substance.
Staff Sgt. Calvin Gibbs of Billings, Mont., was also charged.
He faces three specifications of premeditated murder, along with two specifications each of conduct prejudicial to good order and discipline, wrongfully endeavoring to impede an investigation and dereliction of duty.
Gibbs was also charged with unlawfully striking another soldier, committing an assault with a dangerous weapon, conspiracy to commit premeditated murder, conspiracy to commit assault consummated by battery, conspiracy to commit aggravated assault with a dangerous weapon, wrongfully communicating a threat to injure and violating a general order.
As of Tuesday, Winfield’s trial was scheduled for June 20 and Gibbs’ trial was set for July 22. Ophardt said both dates are tentative and could change.
Both men face a maximum punishment of imprisonment for life without the possibility of parole if convicted on all charges, according to officials.
On May 17, a sixth soldier was charged in connection to the killings.
Staff Sgt. David Bram, of Vacaville, Calif., faces charges that include solicitation to commit premeditated murder, aggravated assault, planting evidence, failing to report crimes including murder and unlawfully discussing murder scenarios with subordinates, according to the Associated Press.