Soldier sentenced for fatal DWI hit and run, what are your thoughts?

2015-09-14T13:48:30-04:00

http://abc11.com/news/soldier-sentenced-to-2-months-in-fatal-dwi-hit-and-run-/978578/

Soldier sentenced to 2 months in fatal DWI hit and run in Fayetteville

Response by SCPO Private RallyPoint Member made Sep 14 at 2015 1:51 PM

2015-09-14T13:51:41-04:00

Depending upon the state, you MAY only receive a traffic ticket for a few measly dollars. A dear friend of mine was killed late last year in a head-on. Clear case of reckless driving. But not in Iowa. Negligent, yes, but NOT reckless. He plead guilty to crossing the centerline and received a $65 fine...for ending a good man's life!!! So this incident you highlight is an everyday thing in municipal courts.

Response by SN Greg Wright made Sep 14 at 2015 1:57 PM

2015-09-14T13:57:02-04:00

I'm at a loss as to how the Army didn't discharge him...

Response by SGT Kristin Wiley made Sep 14 at 2015 2:03 PM

2015-09-14T14:03:41-04:00

I'm not a judge, and do not have all the evidence. Someone died, and no amount of jail time will bring that person back. However, the Army's tolerance to this Senior NCO's behavior is unacceptable. There is no excuse for driving drunk and being a Senior NCO he should know better. There should be, at a minimum, mandatory substance abuse counseling. If a junior soldier had done this, their career would be over before it began. I'm extremely sick of the tolerance the military has towards senior leaders who have this type of questionable behavior.

Response by CW3 Eric W. S. made Sep 14 at 2015 2:15 PM

2015-09-14T14:15:59-04:00

Sorriest thing I have read in years. There is absolutely no reason anyone should have allowed him to continue his military service. Who cares what his record looked like beforehand? He was drunk, he killed a man and left a fellow veteran in the street to die. At a minimum, he should be serving life in Leavenworth. I blame his command, I blame his Commander, I blame the judge, I blame the system... Everyone failed David Keller's family.

Response by MSgt Danny Hope made Sep 14 at 2015 2:22 PM

2015-09-14T14:22:17-04:00

Wow.....so much for zero tolerance. If seen tougher sentences for shop lifters.

Response by MSgt Private RallyPoint Member made Sep 14 at 2015 3:26 PM

2015-09-14T15:26:21-04:00

Hmmm....sad.

As to being a slap in the face....maybe....but his career is over, he has been on house arrest for two years and will have to do two months and probation.....all that being said....if he ran into one of my family member's I would not think that was enough.....but ultimately its up to the judge. In all reality he is lucky the Army turned case over (or maybe local demanded jurisdiction story not clear) as he would've very likely received a much worse punishment in Courts Martial. Having been to civilian traffic court many times (with troops not for me) I will say this finding does not surprise me....civilian judges tend to be more lenient than most people realize. I once saw a guy on his sixth (yes 6th) DWI get told to move closer to the bar, because obviously he could not be trusted not to drive....anyway I feel for both the victim's family and the SFC Hall.....I hope they can all come to terms and find peace in some way over what has happened.

Response by PO2 Jonathan Scharff made Sep 14 at 2015 6:48 PM

2015-09-14T18:48:32-04:00

Horrible, horrible story. Seems like everyone failed this family, this sorry excuse for a soldier, the judge and his chain of command!

On a side note and certainly not important compared to his dreadful actions...am I the only one wondering how this soldier meets weight requirements?

Response by SCPO David Lockwood made Sep 16 at 2015 2:02 PM

2015-09-16T14:02:49-04:00

Unacceptable.

Response by SSgt Alex Robinson made Sep 16 at 2015 2:07 PM

2015-09-16T14:07:09-04:00

He deserves a Bad conduct discharge and many years jail time in my opinion

Response by LCDR Private RallyPoint Member made Sep 16 at 2015 2:09 PM

2015-09-16T14:09:30-04:00

I can't quite understand this either. How can you only get 2 months for what should be at the least vehicular manslaughter?

Response by Sgt Kelli Mays made Sep 16 at 2015 2:14 PM

2015-09-16T14:14:02-04:00

WHAT!?!?! no way. There are tons of people locked up for 10 to 50 years for the same thing.

I think our justice system sucks.

My son has a friend...who was driving while intoxicated. His best friend was a passenger....they were both inebriated and both were not wearing seat belts. He flipped the truck...his best friend was thrown from the truck and died....this guy was in the hospital for nearly six months and when they released him...went to trial and the Jury gave him 35 years....he was only 19 years old...and this was 6 yrs ago.

Personally I believe this JURY is FULL of crap...this kid didn't deserve 35 years...but this Soldier sure the hell deserves way m than two months!!!

How is this sentence for this guy even remotely fair? What a CROCK!

Response by SGT Kristin Wiley made Sep 16 at 2015 2:14 PM

2015-09-16T14:14:51-04:00

Someone else already posted about this: https://www.rallypoint.com/answers/soldier-sentenced-for-fatal-dwi-hit-and-run-what-are-your-thoughts SSG James J. Palmer IV aka "JP4" LTC Yinon Weiss Can we merge these discussions?

Soldier sentenced for fatal DWI hit and run, what are your thoughts? | RallyPoint

http://abc11.com/news/soldier-sentenced-to-2-months-in-fatal-dwi-hit-and-run-/978578/

Response by SGT Ben Keen made Sep 16 at 2015 2:17 PM

2015-09-16T14:17:51-04:00

Okay, so a SFC with a clean military jack goes to a sex-party, drinks to such a level that he doesn't realize that an airbag just smacked him in the face after he left another man bleeding in the streets than wakes up sometime later, see the damage to his vehicles, runs to the body shop to fix it, goes in front of a judge and says he didn't realize what happen and gets two months in jail. Yeah, that makes complete sense...oh wait no it doesn't. When he walked out to his vehicle to take to the body shop, he had to see the damage. The airbag just doesn't go off. He was aware enough at the time to think of the fact that if he stops he would be charged with a DWI and that is why he kept driving.

But what really gets my blood going is the Army is allowing him to retire with full benefits. So not only does this guy drink to the point where he can't tell his ass from a hole in the ground but then he gets to do the last few years of his retirement and collect money for the rest of his life. Again, this just doesn't add up. Granted, it was a civilian court and such so rules are a little different but I fail to see how his Chain of Command is okay with knowing he not only was drunk but that he hit a man on a motorcycle (again that had to cause some large amount of damage) and they are allowing him to retire. Granted, the article doesn't mention if he was given an Article 15 or if one is still pending, it merely states he will be allowed to retired. I hope the Army does the right thing, seeks an Article 15 and takes his rockers away. Let him retire as a 20 year E5. Then maybe the retribution hearing will rule that he gives a good percentage of his retirement to the family of the man he killed.

Response by LTC Private RallyPoint Member made Sep 16 at 2015 2:19 PM

2015-09-16T14:19:33-04:00

Without having read the court documents and only knowing a tidbit of information regarding the actual incident - it seems as if the Army dropped the ball when they dismissed UCMJ action and will allow this SFC to retire. On top of it, the public court system sentences him to only 2 months of confinement - something doesn't add up. Like LCDR Private RallyPoint Member stated, this should be vehicular manslaughter at the minimum - but for him to receive punishment of only 2 months in confinement...yet people of lesser offenses get much more severe punishment; that in itself says a lot about our current state of the judicial system in America.

Response by SGT Christopher Churilla made Sep 16 at 2015 3:12 PM

2015-09-16T15:12:02-04:00

I'm disappointed in his command. All the time I hear at safety briefs about how a single DUI can ruin your career, and in the case of this person (I refuse to call him an NCO) that seems to be the least of his offenses.

Response by SSG Private RallyPoint Member made Sep 16 at 2015 5:26 PM

2015-09-16T17:26:24-04:00

Regardless of the circumstances, I think this Soldier's actions, and the Army's willingness to allow him to retire with full benefits is a slap in the face to everyone who pays their taxes. Why should my tax dollars go toward his pension for the rest of his life?

For that matter, I'd bet 99.9% of the people being separated under the QMP who aren't getting ANY retirement didn't hit a guy while drunk and leave the victim, a retired veteran, lying on the street...then try to cover it up by taking the car to the shop, only to be arrested 3 days later at Bn HQ, to the surprise of the command.

His cowardice and stupidity, combined with him getting his retirement check, call into question the entire separation process, as well as the judicial system.

He was leaving a "sex party." There's always a way. Want to avoid double jeopardy? Throw the book at him for max punishment for adultery. They got Al Capone on tax evasion, why can't they use similar maneuvering to keep this guy from receiving his pension at the very least? Especially if the judge can't be bothered to jail him for more than 2 lousy months.

Response by SSG Private RallyPoint Member made Sep 16 at 2015 6:28 PM

2015-09-16T18:28:11-04:00

This is very sad for the vitims family mu condolences to them. Our justice system has failed them. But on the other hand that SFC will live the rest of his life knowing he killed someone. I hope that the face of the man that he killed will be etched in his memory forever. He will be living a life sentence outside of prison and I know that it's not the same. I hope some day he can use this as a way to speak and educate others on the dangers of drinking and driving. We as Soldier's need to keep our brothers and sisters in arms aware of what can happen when they choose to drink and drive.

Response by PO1 John Miller made Sep 17 at 2015 1:56 AM

2015-09-17T01:56:09-04:00

Though I don't know the full story I do know SFC Hall was convicted of criminal DWI and got 2 months in jail and will be allowed to retire with full benefits. What would have happened if say you had done the same thing? Would the Army and the courts have let you off that easily? I definitely think a double standard is going on.