Helems was convicted of one specification of false official statement, one specification of leaving the scene of an accident, one specification of reckless driving resulting in injury, one specification of negligent homicide, and one specification of involuntary manslaughter, for conduct arising from an episode of erratic and dangerous driving that occurred in the early morning hours of 1 January 2020 near Joint Base Charleston, South Carolina. A passenger in the vehicle died and another was injured. After the findings were announced, the military judge conditionally dismissed the negligent homicide (Article 134, UCMJ) upon the condition that the involuntary manslaughter charge (Article 119, UCMJ) survived appellate review. NMCCA holds that
Charge II (Article 111, UCMJ – leaving the scene of an accident) fail[s] to state an offense when it does not allege that Appellant’s vehicle struck anyone, nor does it allege that anyone other than a passenger in Appellant’s vehicle was injured[.]
The remaining findings were affirmed as was the sentence.
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-Current Term Opinions
Joint R. App. Pro.
Army Crim. L. Deskbook