Soldier due in court on Iraq Army slaying charges

A military judge Tuesday set a March trial date for an Army sergeant charged with slaying his superior and another U.S. soldier last year at a patrol base in Iraq.

Army prosecutors are seeking the death penalty against Sgt. Joseph Bozicevich, who was arraigned Tuesday on charges of premeditated murder.

The judge, Col. Tara Osborn, scheduled Bozicevich's court-martial to begin March 29 after conferring with prosecutors and defense lawyers. Bozicevich's attorney, Charles Gittins, said it was an ambitious timetable for a death-penalty trial, but he had no objection.

"We came in with a plan to set a reasonable schedule we thought everyone could live with," Gittins said.

Bozicevich, 39, of Minneapolis is charged with fatally shooting his squad leader, Staff Sgt. Darris Dawson, and Sgt. Wesley Durbin on Sept. 14 at a joint U.S.-Iraqi patrol base south of Baghdad. Witnesses have said Bozicevich opened fire on the soldiers when they tried to counsel him for poor performance.

Maj. Gen. Anthony Cucolo, commander of the 3rd Infantry Division based at Georgia's Fort Stewart, ordered a general court-martial for Bozicevich on charges of murder two weeks ago.

Bozicevich deferred entering a plea at his arraignment Tuesday, which is a typical defense maneuver in military courts. However, accused soldiers cannot plead guilty in death penalty cases.

Lt. Col. John Frost, deputy staff judge advocate at Fort Stewart, said Bozicevich's court-martial could be delayed if attorneys need more time to prepare their cases.

"It's not set in stone," Frost said. "But it very well may happen on that date."

In death-penalty cases, the military requires accused soldiers to be tried by a jury of at least 12 soldiers. Bozicevich will get to choose between a jury panel of all officers or a mix of officers and enlisted soldiers.

Gittins declined to discuss his defense strategy after the hearing Tuesday. But at an April Article 32 hearing, similar to a civilian grand jury, he said Bozicevich opened fire to protect himself. Gittins didn't say what happened to make Bozicevich feel threatened enough to reach for his rifle.

Soldiers in Bozicevich's unit testified at the hearing that they were roused from their bunks late at night by gunfire. Some said they saw Dawson fleeing as Bozicevich chased him with a rifle. When Dawson fell, bleeding and mortally wounded, Bozicevich stood over him before being tackled by soldiers who raced to the scene.

Durbin, 26, of Dallas was later found shot in the neck and chest inside the security station where Bozicevich had been on duty. Dawson, 24, of Pensacola, died after being taken to a field hospital in Baghdad.

The soldiers' platoon leader, 1st Lt. Ryan Daly, testified that Dawson planned to pull Bozicevich off patrol duty after he left a soldier behind on a foot patrol the day before the slayings. He said Bozicevich had another problem earlier when he lost one of his grenades. Durbin was to temporarily replace Bozicevich as a four-man team leader.

Bozicevich was in Iraq on his second combat tour in three years of active duty. He had previously served 15 years in the Army Reserve in Minnesota.

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