Fort Campbell, KY – The investigating officer in the Article 32 investigation held for Sgt. Brent Burke has recommended that the charges be referred to a general court-martial. A trial date has not yet been established.
Burke has been charged with violating Article 118 of the Uniform Code of Military Justice, which states that, “Article 118 of the UCMJ states that, “any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he – (1) has a premeditated design to kill; (2) intends to kill or inflict great bodily harm; (3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or (4) is engaged in the perpetration of burglary, sodomy, rape robbery, or aggravated arson; – is guilty of murder and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.”
Burke has been placed in pre-trial confinement at a civilian confinement facility and will face a general court-martial, which is the most serious level of military courts. It consists of a judge, trial counsel, defense counsel, and at least five court members.
Under UCMJ, Burke is presumed innocent until and unless proven guilty.
