U.S. Air Force Academy Cadet 2nd Class Armis J. Sunday is facing an Article 32 hearing Tuesday, his second such court appearance in just two-and-a-half months.
He is charged with two violations of Article 120 of the Uniform Code of Military Justice for the alleged sexual assault of a victim who was drunk and incapable of consent, and two specification of violating Article 120c for wrongfully photographing and distributing a photograph of another’s private area.
Sunday appeared at an Article 32 hearing on July 18 after he was charged with a different sexual assault. That charge was referred to general court-martial, with arraignment planned for Tuesday and the trial scheduled for Jan. 28. In the interim, however, new allegations came to light from a second victim, resulting in the additional charges.
The second Article 32 hearing, which is similar to a civilian grand jury proceeding, was ordered to determine whether the additional charges are supported by the evidence, according to a Friday news release from the academy.
The preliminary hearing officer will then submit a report with recommendations to the commandant of cadets, the special court-martial convening authority in this case. The commandant can dismiss the case, recommend to the academy superintendent, who is the general court-martial convening authority, that it be referred to general court-martial, or dispose of the case through other disciplinary or administrative action.
