Former Fitzgerald, McCain COs Face Negligent Homicide, Dereliction of Duty Charges Over Fatal Collisions

In my post almost 6 months ago in which I discussed the USS Fitzgerald collision off the coast of Japan and the law governing hazarding a vessel (can be found here), I predicted the CO would be relieved and face disciplinary action that could include court-martial charges.

Now widely publicized, the former Fitzgerald and McCain COs, as well as members of their crew directly involved in the respective collisions, have been notified of preferred charges.  Preferred charges are charges under the Uniform Code of Military Justice (UCMJ) that have been sworn to by another member of the military who attests, either through personal knowledge or review of an investigation, that there is a basis for the charges.   The charges against the former COs include negligent homicide, dereliction of duty, and hazarding a vessel.

The next procedural step for these cases is to direct a Preliminary Hearing under Article 32, UCMJ.  The presiding preliminary hearing officer will make a probable cause determination and recommend a forum for disposition.  These findings and recommendations are made in a report to the consolidated disposition authority.  Depending on the amount of discovery materials and witnesses, it could be several months until the Article 32 hearings are convened.

Korody Law, P.A. 118 W. Adams Street, Suite 500, Jacksonville, FL 32202 - (904) 383-7261



























Jacksonville FL Military Lawyer Patrick Korody handles personal injury, criminal defense, and military law issues including court-martial, security clearance revocation, security clearance denied, security clearance suspended. Jacksonville Florida Mayport Kings Bay NAS Jacksonville NAS JAX Naval Station Mayport Patrick Air Force Base Charleston Naval Weapons Station NAS Key West NAS Pensacola NAS Whiting Field Criminal Defense Lawyer. Criminal Defense Attorney former JAG lawyer provides services to Navy Air Force Marine Corps Army military members. Court-Martial Court Martial Courtmartial adsep boi security clearance revoked security clearance suspended. Military member DUI in Jacksonville, FL. Military sexual assault defense lawyer: sexual contact, rape, indecent assault, child pornography possession. Under investigation by NCIS? Call us. NJP appeals. Administrative Separation Boards. Military trial attorney. Civilian counsel for military members. Offices located on Mayport Road.