U.S. AIR FORCE ACADEMY, Colo. – An Article 32 hearing for Cadet 2nd Class Armis J. Sunday is scheduled for Tuesday, October 9, 2018.
Cadet Sunday has been charged with two specifications alleging violation of Article 120, Uniform Code of Military Justice, for sexual assault of an alleged victim who was incapable of consenting due to impairment by alcohol and two specifications alleging violation of Article 120c UCMJ for wrongfully photographing and wrongfully distributing a photograph of another’s private area. The charges are in addition to the charge and specification previously referred to trial.
On July 18, 2018, Cadet Sunday underwent an Article 32 hearing after he was charged with one specification alleging violation of Article 120, Uniform Code of Military Justice, for sexual assault. That charge was referred to a General Court Martial and arraignment for that charge was scheduled for October 9, 2018, with trial scheduled to begin on January 28, 2019. However, prior to that scheduled court date, new allegations came to light resulting in preferral of the additional charges.
The second Article 32 hearing was ordered to determine whether the additional charges are supported by probable cause. Whether those charges will be referred to the January 28, 2019, trial, will be determined by the Commandant and Superintendent after the Article 32 hearing.
An Article 32 hearing is similar to a civilian grand jury proceeding. The primary role of the hearing is to determine if probable cause exists to support the charge and its specifications. A preliminary hearing officer presides over the hearing, and submits his or her report of the proceedings with recommendations to the Special Court Martial Convening Authority (SPCMCA). The SPCMCA (Commandant of Cadets) will then decide whether to dismiss the case, recommend to the General Court Martial Convening Authority (the Academy Superintendent) that the case be referred to a General Court-Martial, or dispose of the case through other disciplinary or administrative action.
It must be emphasized that charges are merely accusations, and the accused is presumed innocent until proven guilty.