Someone please explain why the passage of time (34 years) have anything to do with what level of "gross negligence " that occurred at the time of the event?
I can see the harm to recollection of events and other mitigating factors that would weigh in the Sentencing following conviction.
Whether the Accused could offer a proper defense to counter the allegations is a separate matter that should be considered by those passing judgment upon him in Court as part of the determination of Sentence.
"Just This Once" offers a very insightful commentary and sees it straight in my opinion.
The one thing that destroyed the Defense was knowingly pointing a firearm at a person with no intent or legal blessing to discharge that weapon.....then pulling the trigger. Triggers do not move themselves without some human intervention even if unintended.
I too have pointed firearms at people....not many....and in one case was fully intending to discharge the weapon at that person from about six feet away....and had actually started pulling the trigger on a Revolver....but did not complete the action because the fellow holding the knife elected to drop it in response to my demands he do so.
So I do understand reality.....and the need for proper training and self discipline to perform to the standards one is trained to conform to in one's performance of official duties especially those which put others at grave risk of serious injury or death.
My real question is why the 34 year wait? Who is responsible for that and why? Is that not the bigger crime than one Squaddie causing an accidental discharge of a weapon that resulted in an unnecessary death?
It is plain to see the matter was not properly handled at the time and to now bring this lone Soldier to Court for something that happened so long ago and not at the same time address the larger crimes that surrounded that event seems grossly unfair to me.