United States v. Pearson

OPINION OF THE COURT

HODGSON, Senior Judge:

Sergeant Michael Berry lived in the barracks on Davis-Monthan Air Force Base and is appellant’s friend and co-worker. On 13 July 1989, Berry made plans to play bingo with his girlfriend who had a 6-year old boy, Jimmy.1 Berry asked the appellant, who had done so in the past, to babysit Jimmy while Berry and Jimmy’s mother played bingo. The appellant, who had been drinking, initially said no but eventually agreed to watch the boy after Berry told him there was a twelve-pack of beer in Berry’s room. Jimmy was left with the appellant at about 1900.

The…