NORFOLK--A Navy sailor could be prosecuted twice for the same crime.
Operations Specialist Third Class Austin Greening was arrested by military officials on charges including unpremeditated murder for the 2013 shooting death of USS Carter Hall shipmate Kristopher Klubert, who was Greening's best friend.
At an Article 32 preliminary hearing Friday at Naval Station Norfolk, the government stated Grenning shot Klubert in the face following an argument over a video game.
Greening had already pleaded guilty to involuntary manslaughter in a civilian court in connection with the same death and served six months after a plea deal. He was arrested by military officials after being released last fall.
Legal experts say that the military can try a case that had been adjudicated in civilian court, because the first charges were in state court, and the new charges are federal.
Greening's lawyer says his client did his time, and justice has already been served in the case. "And I think this is malarkey he's going through this, and I think the Navy is wrong with what they're doing to this young man," said Gregory McCormack.
It's a sentiment shared by Greening's original defense attorney in the civilian case. "For the Navy to wait for the day he's being released to advise him there's a warrant out and to escort him from the civilian jail to the Navy brig just seems unseemly to me," said James Broccoletti.
But 13News Now legal analyst Kevin Duffan says justice depends upon one's point of view. "I'm sure the victim's family feels that he got off easy and so justice was never served," he said. "And so the fact the Uniform Code of Military Justice is going forward, that's given them some sense of justice being served. If you're the family of the accused, this seems patently unfair."
The presiding officer in the case, LCDR Cheryl Ausbard, is expected to rule within a week or two if the case against Greening will go to court martial.