FOR IMMEDIATE RELEASE RELEASE NO. 49-07

CADET CHARGED – Dec. 19, 2007

WEST POINT, N.Y. – Charges were preferred yesterday afternoon against Joshua J. Dixon, A Company, 1st Regiment, Class of 2008.

Dixon was formally charged with one violation of Article 111 of the Uniform Code of Military Justice (Drunken Operation of a Vehicle and Reckless Driving), and three violations of Article 133 of the UCMJ (Conduct Unbecoming an Officer and a Gentleman).

The charges concern drunken and reckless driving leading to an accident, making a false statement to police and leaving the scene of the accident while on temporary duty in Maryland. The charges carry a maximum punishment of dismissal from the Army, total forfeiture of pay and allowances and nine and a half years confinement.

Dixon will continue his regular duties and is not in pretrial confinement. The cadet is presumed innocent until proven guilty in a trial by court-martial. Cadets, like other members of the military, are subject to military law contained in the UCMJ, a federal statute.

Preferring charges against a service member is the first step in a court-martial. 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 at the hearing.

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 court-martial to the Superintendent, the senior officer at West Point.