United States v. Herrmann
2017 CAAF LEXIS 623
C.A.A.F.2017Background
- Sgt. Jared D. Herrmann supervised packing and signed off parachute inspections at Fort Carson’s Consolidated Parachute Rigging Facility.
- He and subordinate packers agreed to “pencil pack” ~14 reserve parachutes (i.e., not open/inspect/repacks but falsify paperwork) to leave early.
- The parachutes were at the end of their 365‑day cycle and had been used as training aids with intentionally rigged defects.
- Deficiencies included missing ejector springs, knotted/stretched closing loops, and degraded cotton ties—conditions that can delay or cause unintentional deployment or malfunctions leading to severe injury or death.
- The defective parachutes were placed in the ready‑for‑issue cage and therefore could have been issued to jumpers; Herrmann was charged and convicted of willful dereliction and reckless endangerment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was legally sufficient to prove reckless endangerment (that conduct was "likely" to produce death or grievous bodily harm) | Government: placement of defective, ready‑for‑issue parachutes created a likely risk of death/grievous harm given severity of defects and probability they would be issued | Herrmann: Gutierrez precedent limits "likely" — low probability incidents (e.g., remote statistical chances) do not satisfy element; here probability insufficient | Affirmed: using commonsense meaning of "likely," a rational factfinder could find the defects made death/grievous harm likely under the totality of circumstances |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (established standard for legal sufficiency review)
- United States v. Gutierrez, 74 M.J. 61 (C.A.A.F. 2015) (held a 1‑in‑500 chance insufficient to show result was "likely")
- United States v. Dacus, 66 M.J. 235 (C.A.A.F. 2008) (instructs courts to consider both probability of harm and magnitude of harm)
- United States v. Schell, 72 M.J. 339 (C.A.A.F. 2013) (plain‑language statutory interpretation guidance)
- United States v. Outhier, 45 M.J. 326 (C.A.A.F. 1996) (consistency of "likely" across UCMJ offenses)