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FORT CAMPBELL, Ky., July 9, 2011 – The U.S. Army charged Sgt. Brent Burke at around 3 p.m. July 8 for violating Article 118 of the Uniform Code of Military Justice.
Burke has formally been charged with two specifications of premeditated murder and it has been alleged "in that Sergeant (E-5) Brent A. Burke, U.S. Army, did at or near Rineyville, Ky. on or about Sept. 11, 2007, with premeditation, murder Tracy Burke by means of shooting her with a firearm and that he did, at or near Rineyville, Ky., on or about Sept. 11, 2007, with premeditation, murder Karen Comer by means of shooting her with a firearm.
Article 118 of the UCMJ states that, "any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he - (1) has a premeditated design to kill; (2) intends to kill or inflict great bodily harm; (3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or (4) is engaged in the perpetration of burglary, sodomy, rape robbery, or aggravated arson; - is guilty of murder and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct."
Burke has been placed in pre-trial confinement at a civilian confinement facility and will face an Article 32 investigation, which requires a thorough and impartial investigation of charges and specifications before they may be referred to a general-court-martial.
Under UCMJ, Burke is presumed innocent until and unless proven guilty.