Martin C. Evans

Jailed LI Soldier Gets New Hearing

In Uncategorized on March 19, 2010 at 12:57 pm

An Army spokesman said an 82nd Airborne Division commander will decide next week when to schedule a hearing to investigate whether jurors acted improperly in convicting a Rocky Point, NY sergeant of manslaughter.

Pvt. Justin Boyle was convicted in October of choking to death PFC Luke Brown, of Fredericksburg, Va. during a July, 2008 struggle.

After the trial, a fellow soldier wrote to Boyle’s mother, saying an Army Major who had served on the jury told him that other jurors had carried “an agenda” into the courtroom, and had ignored some of the judge’s instructions.

Boyle, a decorated former sergeant who has served three tours in Iraq and another in Afghanistan, is seeking a new trial.

During his trial, defense lawyers had argued that Boyle was only trying to subdue the soldier, who was violently intoxicated and had refused to return to base after a night of heavy drinking at a bar near Ft. Bragg.

His sentence stripped Boyle of his sergeant’s rank, sent him to prison for two years, and will end his career with a bad conduct discharge when he is prison time is up.

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