A date for the court-martial has not been set. As is the case in every court-martial, the accused is presumed innocent of the charges unless and until proven guilty beyond a reasonable doubt. If convicted of the offenses, Sgt. Joseph Bozicevic could face the death penalty.

Maj. Gen. Tony Cucolo, the 3rd ID commander, made the determination after reviewing the pretrial investigation report of Col. Michael Hargis, the military judge appointed to conduct the Article 32 pretrial investigation in the case.

Hargis conducted a three-day hearing at Fort Stewart in April, during which 37 witnesses provided testimony concerning the events surrounding the deaths of Staff Sgt. Darris Dawson and Sgt. Wesley Durbin. The witnesses included U.S. Army and Iraqi Soldiers, as well as an Iraqi interpreter.

Bozicevich, 39, of Minneapolis, Minn., is charged with two counts of murder in the deaths of Dawson and Durbin last Sept. 14, while deployed to patrol base Jurf in Iskandariyah, Iraq. All three soldiers were assigned to 3rd Battalion, 7th Infantry Regiment, 4th Brigade Combat Team, 3rd ID.