FOR IMMEDIATE RELEASE                                                            RELEASE NO.  03-07

 

FOUR CADETS CHARGED – Feb. 6, 2007

 

            WEST POINT, N.Y. – Charges were preferred yesterday evening against four cadets charged with drug-related offenses.

            Cadet Bradley Simms, B Company, 3rd Regiment, Class of 2010, was charged with one violation of Article 112a (Wrongful Use of a Controlled Substance-marijuana), one violation of Article 112a (Wrongful Use of a Controlled Substance-cocaine), one violation of Article 112a (Wrongful Distribution of a Controlled Substance-cocaine) and one violation of Article 134 (Obstruction of Justice) of the Uniform Code of Military Justice.

            Cadet Jordan Yeargain, D Company, 3rd Regiment, Class of 2009, was charged with one violation of Article 112a (Wrongful Use of a Controlled Substance-cocaine), one violation of Article 112a (Wrongful Distribution of a Controlled Substance) and one violation of Article 134 (Obstruction of Justice) of the UCMJ.

            Cadet Troy Wilson, E Company, 4th Regiment, Class of 2008, was charged with one violation of Article 112a (Wrongful Use of a Controlled Substance-cocaine) of the UCMJ.

            Cadet Ryan Pope, G Company, 3rd Regiment, Class of 2010, was charged with one violation of Article 112a (Wrongful Use of a Controlled Substance-cocaine) of the UCMJ.

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FOUR CADETS CHARGED 2/2/2

 

            The cadets will continue with their regular duties and are not in pretrial confinement.  They are presumed innocent until proven guilty in trials by courts-martial.  Cadets, like other members of the military, are subject to military law contained in the UCMJ, a federal statute.

            The preferring of charges against a service member is the first step in the court-martial process.  The next step is a pretrial investigation pursuant to Article 32, which is similar to a civilian grand jury.  The Article 32 pretrial investigation hearing, however, provides greater procedural rights for the defendant:  the right to be present during the public hearing, the right to present evidence, the right to cross-examine witnesses, and the right to have a defense lawyer.

            The pretrial investigation will be conducted by a military officer at West Point.  The evidence obtained and his or her recommendation will be provided to a senior military officer who may then dispose of the case or recommend a trial by courts-martial to the Superintendent, the senior officer at West Point.

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