The Corpsman, Corpse Man as Obama would say, just provided the Defendant a very nice gift.
In this Court Martial it will take five of the seven Members of the Jury to vote to convict....if three decide there is Reasonable Doubt as to which Man actually killed the ISIS Fighter the Murder Charge will be a Not Guilty vote.
No doubt a lesser charge could be confirmed if the Prosecutor included those in the Article 32 Proceeding and later the Court Martial Charges and Specifications.