United States v. Reitz

OPINION OF THE COURT

FULTON, Senior Judge:

The issue in this case concerns the scope of the negligent homicide offense under Article 134 of the Uniform Code of Military Justice, 10 U.S.C. § 934 (1976).

At 2030 hours, 18 July 1980, the appellant, Sergeant Reitz, was operating his 1969 Volkswagen 411 sedan along a public roadway in the Federal Republic of Germany. With him in the vehicle were his wife, their three small children, and their friends, Specialist Four Richard Cooper and Private First Class Mark Pogue. They were on the way from a barracks, where Cooper and Pogue lived, to the Reitz’…