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Us V Gordon

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United States v. Gordon
U.S. Army
31 MJ 30 (CMA 1990)
U.S. Court of Military Appeals.
(Case Brief)

Procedural Disposition: On September 20 and 26 1988 Private Thaddeus D. Gordon was tried by a general court-martial and found guilty of negligent homicide, in violation of Article 134 in the UCMJ. The appellant was sentenced to a bad-conduct discharge, confinement and forfeiture of $447.00 pay per month for 6 months, and reduction to lowest enlisted rank. Although the convening authority suspended the discharge and any confinement over 3 months. This sentence was reviewed on the basis of whether the evidence is sufficient to convict appellant where appellants conduct did no proximately cause the victim’s death by the U.S. Court of Military Appeals.

Facts: On June 18, 1988 Gordon, Private Hall and Private Andrews rented a small rowboat at Gelterswoog Lake, Hohenecken, Federal Republic of Germany; no life preservers were aboard the rowboat. Appellant and Private Hall had dove several times off of the boat, allowing the boat to take on water. Appellant and Private Hall also splashed each other with water after Andrews refused to row any longer, causing more water to come into the boat. The record also shows the appellant suggested, and proceeded to, stand up in the boat. The boat capsized and Private Andrews drowned. In a pretrial statement, Gordon admitted hearing Andrews confess he could not swim. In another statement appellant admitted he was aware that Andrews had a pair of 2.5 ankle weights on in the boat.

Issue: Does the processing evidence show that the appellant’s actions proximately caused Private Andrew’s death?

Decision: Affirmed

Rationale: The evidence held before the court members showed beyond a reasonable doubt, Gordon’s conduct constituted simple negligence. The testimonies held by the appellant also show his awareness of Andrew’s

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