Mobile, AL asked in Criminal Law, Military Law and Wrongful Death for Alabama

Q: I am not sure what kind of lawyer I need to talk to.

My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated there's never forensics done on the gun and they're saying it was accidental but I don't believe that. I am my son's next of kin and not once has the police department spoken to me until June of 2023 after I sent a registered letter to the chief of police. I never even knew my son's case was still open I didn't know that they closed it they never informed me of anything. Now a lot of statutes of limitations have closed and I just don't know what to do.

2 Lawyer Answers

A: If your son and the other soldier were still in the service, there should have also been a military investigation. If they were both out of the service at the time, then there would likely only be the civilian investigation.

Consider submitting a Freedom of Information Act request to the Department of the Army in order to determine if an investigation was ever conducted by the Army; if so, what were the results of that investigation and if no, why was no investigation conducted.

My deepest sympathies go with you and your family.

James L. Arrasmith
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Answered

A: I am so sorry you are dealing with this. There are a few different types of lawyers who might be able to help. A wrongful death lawyer could help file a wrongful death lawsuit if appropriate. A civil rights lawyer could help investigate whether your son's civil rights were violated. A criminal lawyer could help understand the criminal justice process and protect your rights if you are considering filing a criminal complaint against the soldier.

Aaron Mark Pack agrees with this answer

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