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Hearing scheduled for Fort Lewis soldier accused of killing couple
Posted by John de Leon
SEATTLE TIMES FILE PHOTO
The Army will convene an Article 32 hearing at Fort Lewis on Monday to examine evidence against Spec. Ivette Davila, who is accused of killing two fellow soldiers in March 2008 and kidnapping their baby. Davila could face the death penalty for the slayings of Staff Sgt. Timothy J. Miller and his wife, Sgt. Randi J. Miller.
The hearing is scheduled for three days.
Davila is charged with two specifications of premeditated murder under the Uniform Code of Military Justice in connection with the fatal shooting of the Millers in the couple's Parkland home. She has also been charged with burglary, kidnapping and obstruction of justice, Army officials said.
Unlike civilian criminal courts, which require a unanimous verdict for a conviction, military juries require only two-thirds agreement for a conviction, according to experts in military justice. To impose the death penalty, which is rare but not unheard of in military trials, jurors still must have a unanimous decision, experts say.
Davila, 24, was arrested after she told a fellow soldier that she had killed the couple, according to court papers. Davila said she was angry with Randi Miller, 25, who she said had an affair with Davila's ex-boyfriend, court papers said. Davila then dragged Randi Miller's body into the bathtub and poured muriatic acid on both bodies "to get rid of them," court documents say.
The baby was recovered unharmed at Fort Lewis.