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
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.