USMA IN THE NEWS

Four cadets charged with drug offenses

By Mid Hudson News Network
February 6, 2007    

WEST POINT, N.Y. - Four cadets attending the US Military Academy at West Point were charged Monday night with drug-related offenses. They were charged after random drug testing turned up positive results, said West Point spokesman Lt. Col. Kent Cassella. “We have a zero tolerance for drug use here at the academy,” he said.

Cadet Bradley Simms, B Company, 3rd Regiment, Class of 2010, was charged under the Uniform Code of Military Justice with wrongful use of a controlled substance – marijuana; wrongful use of a controlled substance – cocaine; wrongful distribution of a controlled substance – cocaine; and obstruction of justice.

Cadet Jordan Yeargain, D Company, 3rd Regiment, Class of 2009, was charged with wrongful use of a controlled substance – cocaine; wrongful distribution of a controlled substance; and obstruction of justice.

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 wrongful use of a controlled substance - cocaine.

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 .