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May 11, 2004

Soldier delusional at time of murder, attorney says

Associated Press

COLUMBUS, Ga. — The lawyer for one of three Fort Benning soldiers accused in the fatal stabbing of a comrade just days after they returned from Iraq says his client suffered from a “delusional compulsion” and post traumatic stress disorder.

The lawyer, David West, of Atlanta, served notice to prosecutors and Superior Court Judge Kenneth Followill on Monday that he intends to present that defense when Army Pfc. Alberto Martinez’s case is called to trial.

Martinez, 23, of Oceanside, Calif., and fellow 3rd Brigade, 3rd Infantry Division soldiers Jacob Burgoyne, 24, of Middleburg, Fla., and Mario Navarrete, 24, of San Juan, Texas, are charged with murder in the July 12 death of Spc. Richard Thomas Davis of St. Charles, Mo.

A fourth soldier, Pfc. Douglas Woodcoff, 24, of San Antonio, is charged with concealing Davis’ death, which delayed discovery of the slain soldier’s body until the charred corpse was found Nov. 7 in a wooded area.

Attorneys for all four filed not guilty pleas for their clients.

West said an evaluation of Martinez shows he has a severe case of post traumatic stress disorder. His defense will be that “because of mental disease, injury or congenital deficiency, (he) acted as he did because of a delusional compulsion ... which overwhelmed his will to resist,” West wrote in a motion filed after the docket session.

That motion is one of dozens.

Burgoyne’s attorney, Sam Merritt, said he has filed at least 23, including a motion for his client to be tried separately and a request for psychological evaluation.

Followill said he will notify attorneys of the date for pretrial hearings and approved postponement of the trial until later in the year.

Authorities said Davis was killed after the group went to a Columbus strip club to celebrate their homecoming from Iraq. Davis apparently insulted one of the dancers and got them kicked out of the bar, according to police reports. The soldiers began fighting, and Martinez allegedly pulled out a knife and stabbed Davis.

The five soldiers were members of the 3rd Brigade, 3rd Infantry Division. Their unit, 1st Battalion, 15th Infantry Regiment, was described as “the tip of the spear” for the Army’s invasion of Iraq. They fought around the Talil Airfield in the opening hours of the ground war and were involved in battles at Nasiriyah, Karbala and Baghdad.




Copyright 2003 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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