You will be redirected to the page you want to view in  seconds.

Jury returns lesser charges in soldier's slaying

Aug. 23, 2013 - 07:58AM   |  
  • Filed Under

CLARKSVILLE, TENN. — A Circuit Court jury in Clarksville convicted a man of reckless homicide Thursday in the death of a fellow Green Beret last year.

Benjamin Schweitzer, 28, was found not guilty of second-degree murder in the death of Sgt. 1st Class Frederic Nicholas “Nic” Moses, 26, of the 5th Special Forces Group on March 15, 2012, but guilty of the lesser charge instead.

He also faced two counts of attempted first-degree murder involving two police officers who responded to the shooting. He was found not guilty of those counts but convicted of two lesser misdemeanor counts of reckless endangerment.

Schweitzer was still and silent and hung his head as the verdict was read Thursday afternoon, The Leaf-Chronicle said.

Moses’ family wept when the verdict was read, and as Schweitzer was led out, Moses’ father and a friend yelled at Schweitzer.

Judge John H. Gasaway sentenced Schweitzer to time served for the two reckless endangerment counts because he had jail credit of more than 520 days. He will be sentenced Oct. 29 for the reckless homicide conviction.

Assistant District Attorney Art Bieber said in closing Thursday the state proved that Schweitzer killed Moses knowingly and intentionally.

But defense lawyer Chase Smith said there was no motive or ill will proven and that what happened was not murder but homicide.

Schweitzer testified Wednesday that he was asleep, thought he heard an intruder and reacted when he saw a person approaching him. Schweitzer said he didn’t know it was Moses, who lived in the home.

Schweitzer was a guest in the home and said he had used a sedative that morning.

Moses was from St. Charles, Mo.

Answers by RallyPoint

Join trending discussions in the military's #1 professional community. See what members like yourself have to say from across the DoD.

More In News

Start your day with a roundup of top defense news.

VA Home Loan

Search By:

Product Options:
Zip Code:

News for your in-box

Sign up now for free Military Times E-Reports. Choose from Money and Education. Subscribers: log in for premium e-newsletters.

This Week's Navy Times

This Week's Navy Times

Go mustang
LDO and warrant careers offer more authority, a pay hike and big retirement payout

Subscribe for Print or Digital delivery today!

MilitaryTimes Green Trusted Classifieds Looking to buy, sell and connect on Military Times?
Browse expanded listings across hundreds of military installations.
Faces of valorHonoring those who fought and died in Operations Iraqi Freedom and Enduring Freedom.
hall of valorThe Hall of Valor is a searchable database of valor award citations collected by Doug Sterner, a Vietnam veteran and Military Times contributing editor, and by Military Times staff.

All you need to know about your military benefits.

Benefits handbook

Guard & Reserve All you need to know about the Guard & Reserve.

guard and reserve handbook