JOINT BASE LEWIS-MCCHORD, Wash. - The General Court-Martial Convening
Authority late last week referred court-martial charges against Spc.
Ivette Davila, to a General Court-Martial empowered to adjudge a capital
sentence.  This decision was made after reviewing the Article 32 report
of investigation and considering information presented by Spc. Davila's
defense counsel and the recommendation of the Staff Judge Advocate.  No
trial date has been set.
Charges against Davila include:
*   Uniform Code of Military Justice, Article 118 - Premeditated
Murder; two specifications of murder (Timothy Miller and Randi Miller) 
*   UCMJ, Article 129 - Burglary; one specification of breaking and
entering the Miller home with the intent to murder them 
*   UCMJ, Article 134; one specification of kidnapping the Miller's
baby, one specification of obstruction of justice.
These charges result from an investigation into the March, 2008, deaths
of Staff Sgt. Timothy J. Miller, 47th Combat Support Hospital, 62nd
Medical Brigade, and Sgt. Randi J. Miller, Company C, Madigan Army
Medical Center, who were found dead in their home, located in the
Parkland neighborhood of Tacoma, Wash. Davila was arrested March 2 by
Pierce County law enforcement. On March 5, 2008, the Pierce County
Prosecutor's Office released jurisdiction of the case to Fort Lewis.
Davila was subsequently transferred to military custody and is currently
being held at Naval Base Kitsap Bangor Brig and Correctional Custody
Unit.
If convicted of all charges (and specifications), the maximum punishment
is death. For capital punishment to be imposed, the court-martial
members must reach a unanimous verdict that the service member is guilty
of the eligible crime, must unanimously find at least one aggravating
factor exists and substantially outweighs any extenuating or mitigating
circumstances found by the members. If capital punishment is not
imposed, conviction on a charge of premeditated murder has a mandatory
minimum sentence of confinement for life.
Joint Base Lewis-McChord officials emphasize that the charges are merely
an accusation and that the accused is presumed innocent until proven
guilty.