Hearing Monday in Miller shooting | RecordCourier.com

Hearing Monday in Miller shooting

Staff Reports

An Army hearing is 9 a.m. Monday in Fort Lewis, Wash., to examine evidence against the woman who allegedly killed Gardnerville soldier Staff Sgt. Timothy J. Miller and his wife Sgt. Randi J. Miller in Fort Lewis, Wash., last year.

Spec. Ivette Davila is accused of shooting the couple and kidnapping their child on March 2, 2008.

According to information released by the U.S. Army, Davila faces charges of premeditated murder, burglary and kidnapping in connection with the case.

Davila faces a mandatory minimum of life in prison if convicted. After this hearing, Fort Lewis’ commander could decide to seek to try Davila for capital murder, in which a military panel could sentence her to death.

Fort Lewis officials emphasize that the charges constitute an accusation and that the accused is presumed innocent until proven guilty.

Officially known as an Article 32 pretrial investigation, Monday’s hearing is similar to a grand jury investigation. For this Article 32 hearing, an investigating officer has been appointed to look into the charges of: premeditated murder, burglary, kidnapping, and obstruction of justice. The investigating officer will review the evidence presented by defense and prosecution attorneys in order to make a recommendation regarding the sufficiency of the charges and the appropriate level of court-martial.

Davila, 23, was arrested March 2, 2008 by Pierce County law enforcement in connection with the deaths of the Miller couple on or about March 2. On March 5, 2008, the Pierce County Prosecutors Office deferred prosecution of the case to I Corps and Fort Lewis. Davila was subsequently transferred to military custody and is currently being held at Naval Base Kitsap Bangor Brig and Correctional Custody Unit.

Davila, a chemical operations specialist, was serving in Fort Lewis’ Headquarters and Headquarters Company, I Corps, as a member of the Fort Lewis ceremonial color guard.