Army
US soldier faces murder charge in death of 5-month-old son in Germany last year
Stars and Stripes August 29, 2023
VILSECK, Germany — An Army noncommissioned officer will be tried by the military on a murder charge over the death of his infant son at home more than a year ago, U.S. officials said.
The court-martial of the 27-year-old soldier, whose name was not released, is expected to occur in the next six to 12 months at Rose Barracks in Vilseck, but the case hasn’t been put on the court docket yet, 7th Army Training Command spokeswoman Lacey Justinger said Friday in response to questions from Stars and Stripes.
The soldier is charged with one specification of murder and three specifications of assault, Justinger said.
In March 2022, the 5-month-old boy was taken to a German clinic in Weiden with injuries that included blunt force trauma to the head, a skull fracture and brain hemorrhaging. Efforts to revive the child were unsuccessful, according to Oberpfalz TV news.
Both the soldier and his wife, a Kyrgyz and German national, were arrested by U.S. military police, Oberpfalz police told Stars and Stripes on Monday. Police did not specify the date of the arrest.
Prosecutors in the state of Bavaria accused the woman, who was the child’s mother, of failing to prevent the prolonged abuse, Amberg attorney Joerg Jendricke, who represented the woman at trial, said Monday.
In March, a year after the boy’s death, the 29-year-old woman was convicted in German court of negligent manslaughter by omission. She received a suspended sentence of one-and-a-half years of probation, Amberg’s public prosecutor’s office said Tuesday.
According to testimony in the woman’s trial, the soldier inflicted severe abuse on the baby at least three times in the couple’s home in the Amberg-Sulzbach district, German news reports said.
Jendricke said the woman, who was not identified in accordance with German privacy laws, has been approached by U.S. officials about testifying against her husband.
U.S. Army V Corps confirmed Tuesday that the soldier is assigned to the 2nd Cavalry Regiment but said it was unable to provide further details.
The Army is prosecuting the soldier because Germany does not have jurisdiction in his case, Joachim Diesch, the Amberg chief public prosecutor, said Tuesday.
“The NATO Status of Forces Agreement applies, according to which there was exclusive American jurisdiction because the infant killed was also an American citizen,” Diesch said.
Murder carries a minimum sentence of life in prison with the possibility of parole under the Uniform Code of Military Justice.