Navy-Marine Corps Court of Criminal Appeals

United States v. Miller, __ M.J. ____ (N-M. Ct. Crim. App. 2022), is a case exploring who is a "victim" and so who can give a victim impact statement. Did the MJ

abuse[] his discretion when he permitted, over Defense objection, the mother of a deceased Sailor to make a victim impact statement when Appellant was not found guilty of an offense relating to the deceased Sailor.

Appellant’s convictions arise out of an incident occurring aboard Naval Station Great Lakes in which a fellow Sailor, Fire Controlman Seaman Recruit [FCSR] Echo,4 died in his barracks room of a drug overdose. An investigation revealed that the day prior to FCSR Echo’s death, he and Appellant traveled to Chicago where they obtained heroin and drug paraphernalia. They used the heroin in Chicago and then returned to the installation where they continued to use the drug. FCSR Echo was found dead by his roommate the following morning. During the investigation, Appellant was interviewed by the Naval Criminal Investigative Service [NCIS] and made false statements regarding the circumstances surrounding FCSR Echo’s death. Appellant was charged with involuntary manslaughter, reckless endangerment, obstructing justice, wrongful interference with an administrative proceeding, wrongful introduction of a controlled substance, violation of a lawful general order, willful disobedience of a superior officer, wrongful drug use, and making false official statements. Before trial, he entered into a pretrial agreement wherein he agreed to plead guilty to wrongful drug use, violating a lawful general order by possessing drug paraphernalia, and making false official statements, in exchange for the convening authority referring his case to a special court-martial.

The finding of victim status flows from the nature of the criminal conduct. There seems to be a sufficient nexus between what the appellant did and the resulting death of his co-actor.

The circumstances of those offenses involved a joint enterprise between Appellant and FCSR Echo to obtain, purchase, and use heroin together. Appellant bought the drug paraphernalia and provided the needle FCSR Echo used to inject the heroin that ultimately caused his death. As such, we determine that the psychological harm FCSR Echo’s death caused to FCSR Echo’s mother directly arose from the offenses of wrongful drug use and possession of drug paraphernalia of which Appellant was found guilty.