United States v. Private First Class GEORGE D. MACDONALD
ARMY 20091118
| A.C.C.A. | Jan 27, 2017Background
- In May 2008, PFC George D. MacDonald stabbed a fellow soldier (PVT RB), who was asleep in a platoon bay at Fort Benning, multiple times; RB later died from his wounds. A bystander who intervened was also assaulted.
- MacDonald had contemplated killing someone and asked his girlfriend by email if she would still love him if he killed someone; he attacked RB about five days after first having the thought.
- At the first court-martial MacDonald was convicted of premeditated murder and other offenses and sentenced to life without parole; CAAF set aside that conviction for instructional error and authorized a rehearing (McDonald I).
- At the rehearing MacDonald pleaded guilty to resisting arrest, unpremeditated murder, assault consummated by a battery, and aggravated assault; the convening authority approved a sentence of dishonorable discharge, 45 years confinement, total forfeitures, and reduction to E‑1, with 2,669 days credited.
- The appellant raised no assigned errors on review but submitted personal matters under Grostefon; the court found those did not merit relief. The court reviewed an unraised issue concerning a stipulation (Prosecution Exhibit 2) limiting Chantix evidence and found any error harmless.
- The court affirmed the findings and sentence after considering asserted trial errors about pay status and R.C.M. 305(k) credit and finding no abuse of discretion in denials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea at rehearing | Prosecution: plea and convictions proper after rehearing and plea of guilty | MacDonald: raised Grostefon matters but no assigned errors challenging plea | Court: affirmed findings and sentence; plea and convictions stand |
| Preclusion of Chantix evidence by stipulation (Pros. Ex. 2) | Prosecution: stipulation limited Chantix evidence to that exhibit only | MacDonald: had disavowed intoxication/insanity defense at rehearing but agreement barred other Chantix evidence | Court: agreement possibly violated R.C.M. 705(c)(1)(B) but error harmless in context |
| Claim that no‑pay status pending rehearing violated 13th Amendment | MacDonald: argued no‑pay status while awaiting rehearing violated 13th Amendment | Government: military judge properly denied relief | Court: military judge did not abuse discretion; claim rejected |
| R.C.M. 305(k) credit for confinement with post‑trial prisoners while awaiting rehearing | MacDonald: sought additional credit under R.C.M. 305(k) | Government: denial proper based on facts | Court: findings not clearly erroneous; denial not an abuse of discretion |
Key Cases Cited
- United States v. McDonald, 73 M.J. 426 (2014) (CAAF decision setting aside first conviction and authorizing rehearing)
- United States v. Mezzanatto, 513 U.S. 196 (1995) (Supreme Court: parties may contract to limit admissible evidence but such contracts are viewed with caution)
- United States v. Edwards, 58 M.J. 49 (2003) (CAAF: waiver of certain sentencing evidence may not deprive an accused of a complete sentencing proceeding)
- United States v. Sunzeri, 59 M.J. 758 (N.M. Ct. Crim. App. 2004) (improper pretrial term barring an accused from presenting particular witnesses)
- United States v. Howell, 75 M.J. 386 (2016) (CAAF: standards for trial court discretion on post‑trial and collateral matters)