Attorneys arguing on behalf of the soldiers accused of murdering Pfc. Shadow McClaine told a military judge this week that the investigation into her death is still ongoing and there isn't enough evidence for a court-martial, according to a 101st Airborne Division release.
The prosecution and defense made their cases during a two-day Article 32 hearing — a pretrial proceeding similar to a civilian grand jury hearing — that began Monday at Fort Campbell, Kentucky. Two 101st Airborne soldiers, Sgt. Jamal Williams-McCray and Spc. Charles Robinson, are charged in the kidnapping and murder of McClaine, who was Williams-McCray's ex-wife.
"The lead defense counsel for Williams-McCray, Maj. Jason Marquez, and the lead defense counsel for Robinson, Mr. Ernesto Gapasin, argued the case was still in the middle of its investigation and factual evidence to charge their clients with murder was still incomplete or insufficient," the Wednesday release said.
Williams-McCray is charged with conspiracy to commit kidnapping and murder, premeditated murder, rape, aggravated assault, kidnapping and obstruction of justice.
Robinson is charged with conspiracy to commit kidnapping and murder, premeditated murder, kidnapping and obstruction of justice.
Pfc. Shadow McClaine
Photo Credit: Army
McClaine, 25, went missing from Fort Campbell in early September, four days before she was due in court on charges of stalking, the The Leaf-Chronicle, a Clarksville, Tennessee, newspaper, reportedin September.
Her car was found in a Nashville parking structure two weeks later, and in November, Williams-McCray and Robinson were charged in connection with her disappearance. Authorities found her body on the side of a highway near the post in January.
On Monday, Army Reserve judge Lt. Col James Ewing asked the prosecution to provide to the defense copies of Robinson's recorded phone calls from the Montgomery County Jail, Army Criminal Investigation Command interview videos of Williams-McCray, and surveillance tapes from the parking lot where McClaine’s vehicle was abandoned.
Prosecutor Maj. Rebecca Farrell argued that the evidence was enough to move the case to court-martial, but the defense asked for a continuance to wait for DNA results of hair and blood allegedly belonging to McClaine found in Robinson's car, as well as the results of her autopsy.
Ewing denied the request. He told the court Tuesday that he will review the evidence provided before making a recommendation to Maj. Gen. Andrew Poppas, the commanding general of the 101st Airborne Division.
Meghann Myers is the Pentagon bureau chief at Military Times. She covers operations, policy, personnel, leadership and other issues affecting service members.
