No double jeopardy; legally and actually.

Philip D. Cave

Sailor sentenced to 10 years in shooting

By Andrew Tilghman – Staff writer, Navy Times.
Posted : Friday Sep 4, 2009 17:02:14 EDT

A Virginia sailor who claimed he didn’t know his gun was loaded when he fatally shot his girlfriend in the head was sentenced to 10 years in prison Aug. 31.

Aviation Boatswain’s Mate (Handling) Airman Darren Mackie, 22, was sentenced in a Newport News courtroom.

. . .

Trask’s mother told Navy Times she hopes the Navy will court-martial Mackie. “Other sailors have been court-martialed for less. It’s the right thing to do. It’s a common-sense thing to do,” said Mary Trask of Massachusetts.

But a spokesman for Naval Surface Forces said Mackie’s command has decided not to seek a court-martial.

There is no double jeopardy had the Secretary of the Navy decided a prosecution was warranted. You have two different sovereigns; the Commonwealth of Virginia and the United States.

Client Reviews

Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my...

Rob

I was facing accusations that would not only ruin my career but my life. When I hired Mr. Freeburg, he gave me the hope that everything would be turn out great. He put a great team together along with my...

Air Force Anonymous

Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're...

Bryan

Mr. Nathan Freeburg fought and won a war for me. A war where my life was on the line. The week of trial was extremely long but he never seemed like he was tired. The prosecution were getting whittled down each...

Navy Anonymous

Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to...

Crystal

Mr. Freeburg is passionate about justice and upholding the law and dignity of the court. He is brave and bold in his ability to represent his clients amidst the attempted intimidation and procedural pressure...

Navy Represented

The Army and prosecution was pushing for me to take a Chapter 10. But Mr. Freeburg made me confident we could win. We went to trial and he crushed them in cross examination and he saved my career.

Vince

Contact Us

  1. 1 Free Consultation
  2. 2 Over 40 Years of Experience
  3. 3 Dedicated to Military Law
Fill out the contact form or call us at 703-298-9562 to schedule your free consultation.

Leave Us a Message