How is it possible to plead guilty to misdemeanor DWI and felony hit and run after killing a motorcyclist yet retire from the military?

SSG Private RallyPoint Member — Tue, 06 Oct 2015 16:46:44 -0400

Soldier's jail sentence reduced to one month in fatal DWI hit and run case

A Fort Bragg soldier sentenced to two months in jail for a fatal drunk driving hit and run will have his sentence cut in half for good behavior.

Response by SFC Jeffrey Couch made Oct 6 at 2015 5:03 PM

SFC Jeffrey Couch — Tue, 06 Oct 2015 17:03:45 -0400

It can't be first off DWI is a felony and the killing of the person is a felony so to me their is good ole boy actions are going on or money is taking place that is my opinion I had one of my soldiers did the same thing minus killing the rider and he was busted from first seargeant to SGT and dishcharged with less than honorable and his retirement was cut

Response by SFC Thomas Howes made Oct 6 at 2015 5:30 PM

SFC Thomas Howes — Tue, 06 Oct 2015 17:30:03 -0400

You got me I can tell you when I retired and was a cop in Texas I arrested a MSG and took him to jail his CSM came and got him out and told him to put in his retirement.

Response by SFC Rollie Hubbard made Oct 6 at 2015 5:31 PM

SFC Rollie Hubbard — Tue, 06 Oct 2015 17:31:49 -0400

This was truly an injustice for the family of the victim, the SFC should have be reduced in rank by his command and should have served more than 2 months and not been allowed to retire he hit the cycle and then ran truly leaving the victim behind to die. He did not report the accident then tried to repair the car and did state that he was SO DRUNK that he did know what he hit I call bull shit on him.

Response by CSM Michael J. Uhlig made Oct 6 at 2015 5:40 PM

CSM Michael J. Uhlig — Tue, 06 Oct 2015 17:40:46 -0400

Noteworthy comment:

"Malice" does NOT require any previous convictions. Malice is an element of a crime, such as murder, completely independent of any other offenses. The legal definition of malice is: "When a defendant acts intentionally or with "reckless disregard" of an obvious or known risk." Applying it to the current crime, the defendant, David Hall, got drunk and drove a car. This qualifies as intentional or reckless disregard of an obvious and known risk, that he might injure/ kill someone while driving drunk.

Malice is a slam dunk here. Try again Billy West. The failure to fully prosecute this crime smells really fishy.

Response by SSgt David Tedrow made Oct 6 at 2015 5:46 PM

SSgt David Tedrow — Tue, 06 Oct 2015 17:46:41 -0400

His retirement needs to be reassessed. Anyone that is found guilty of causing a death while drunk should not be allowed to "retire" with benefits.

Response by MSgt Curtis Ellis made Oct 6 at 2015 6:02 PM

MSgt Curtis Ellis — Tue, 06 Oct 2015 18:02:09 -0400

Not sure how to respond to this...
I spent more time in jail without fleeing, without damage, no speeding, no injury and no death... Under the old "North Carolina Fair Sentencing Act", and proving malice aside, this is bullsh*t as there are people serving many years in prison for doing much less... How the hell is this fair? This guy took a life through ignorance, not by accident...

Response by SFC Maury Gonzalez made Oct 6 at 2015 6:33 PM

SFC Maury Gonzalez — Tue, 06 Oct 2015 18:33:54 -0400

There was a hispanic female csm in the AMEDD, assigned to ft sam in the late 80's that had 5 or 6 dwi's and kept her job at the AMEDD school, retired at full rank

Response by SFC Private RallyPoint Member made Oct 6 at 2015 7:35 PM

SFC Private RallyPoint Member — Tue, 06 Oct 2015 19:35:33 -0400

Separation board. If you have over 6 years you can request a board. They look at the overall nature of your service and determine the nature of your separation

Response by SSG Danny Marsh made Oct 6 at 2015 9:20 PM

SSG Danny Marsh — Tue, 06 Oct 2015 21:20:49 -0400

It is because there are some who treat Senior Enlisted differently than we do Junior Enlisted. Thankfully some Senior Enlisted and Officers are held to the same standard.

Response by SFC David Brunk made Oct 7 at 2015 2:32 AM

SFC David Brunk — Wed, 07 Oct 2015 02:32:00 -0400

He was a SFC. He new better. there is no excuse for his actions. He should have been charged and tried for Negligent homicide and regardless of the out come of the trial he should have been discharged from the Army for 'Actions Unbecoming' at a minimum.

Response by 1SG(P) Charles Graeser made Oct 7 at 2015 10:18 AM

1SG(P) Charles Graeser — Wed, 07 Oct 2015 10:18:56 -0400

I normally would not say anything Bad about a fellow senior NCO, but this pice of shit should have the same punishment as any soldier in the Army, he should of been given a field grade for failure to follow instructions of a general officer and chaptered out of the army for patterns of misconduct. He most of been part of the good old boy system. There should be an IG investigation into how this happened.

Response by MAJ Ken Landgren made Nov 2 at 2015 7:49 PM

MAJ Ken Landgren — Mon, 02 Nov 2015 19:49:14 -0500

So he takes a man's life, breaks his families hearts. WTF are judges for?

Response by CMSgt James Nolan made Nov 3 at 2015 9:30 AM

CMSgt James Nolan — Tue, 03 Nov 2015 09:30:11 -0500

Fair Sentencing Act.....Definition: Liberal for we don't want to put people in jail.

Response by SMSgt Thor Merich made Nov 3 at 2015 12:09 PM

SMSgt Thor Merich — Tue, 03 Nov 2015 12:09:50 -0500

I don't know how they let him plead out to misdemeanor hit and run, when clearly a death would make it a slam dunk felony. As far as the short sentence, in California, due to jail overcrowding, its common to do less than 50% of your sentenced time. In County Jail, sometimes you do only 25% of your sentenced time.

The problem with malice in drunk driving, is that its impossible to prove without prior drunk driving arrests.

To me, the biggest issue is that despite all the publicity and MADD, this country still does not take drunk driving seriously. Law Enforcement pumps millions of dollars a year into DUI enforcement and the problem is still very prevalent. It will only get worse as states are legalizing marijuana and reducing penalties for other drugs.

Response by SPC Sheila Lewis made Jun 10 at 2016 10:39 AM

SPC Sheila Lewis — Fri, 10 Jun 2016 10:39:51 -0400

I would not want to be this person at all.