Joint Base Lewis-McChord, Wash. – A Joint Base Lewis-McChord investigating officer will convene an Article 32 hearing here at 8:30 a.m., Tuesday, November 9, to examine evidence regarding the charges preferred against Staff Sgt. Calvin R. Gibbs, who is accused in the deaths of three Afghan civilians. The hearing is scheduled for two days. Charges against Staff Sgt. Gibbs include:
– Three specifications of premeditated murder under Uniform Code of Military Justice, Article 118
– One specification of unlawfully striking another Soldier, and one specification of committing an assault with a dangerous weapon, UCMJ Article 128
– One specification of conspiracy to commit premeditated murder, one specification of conspiracy to commit assault consummated by battery, and one specification of conspiracy to commit aggravated assault with a dangerous weapon, UCMJ Article 81
– Two specifications of conduct prejudicial to good order and discipline, two specification of wrongfully endeavoring to impede an investigation, and one specification of wrongfully communicating a threat to injure, UCMJ Article 134
– Two specifications of dereliction of duty, and one specification of violating a lawful general order, UCMJ Article 92
JBLM officials emphasize that the charges constitute an accusation and that the accused is presumed innocent until proven guilty.
Officially known as an Article 32 pretrial investigation, the hearing is similar to a grand jury investigation. For this Article 32 hearing, an investigating officer has been appointed to look into the charges. The investigating officer will review the evidence presented by defense and prosecution attorneys in order to make a recommendation regarding the sufficiency of the charges and the appropriate level of court-martial.
The Article 32 hearing will be open to the public, however space is limited.