NM airman acquitted of murder charges

ALAMOGORDO, N.M. (AP) - A military jury has cleared an airman at Holloman Air Force Base of charges he killed his roommate.

The jury of eight officers and enlisted men deliberated for about three hours before acquitting Airman 1st Class Erik M. Wilhelm of murder, manslaughter and negligent homicide charges on Thursday, according to a report in the Alamogordo Daily News.

Wilhelm's attorney told the Daily News that his client was very upset by the tragedy but not responsible for it. Lawyer Michael Stout said the evidence showed fellow airman Sean McGinnis, 23, shot himself.

"This has been a cloud over Wilhelm's head for two years," said Stout, a Las Cruces lawyer who defended Wilhelm along with an Air Force lawyer. "This verdict helps lift the cloud, but he still misses his friend. The evidence was clear that McGinnis chambered a round (in a pistol), pulled the trigger and shot himself. Wilhelm was shocked beyond belief because he did not see it coming."

Holloman spokeswoman Lt. Emily C. Chilson confirmed Wilhelm was cleared of all charges.

"We have a justice system in place within the military that tries all of our military service members and holds them accountable," Chilson said. "He's been through that system and found not guilty."

Wilhelm was originally charged with an open count of murder in Otero County Magistrate Court for allegedly shooting and killing McGinnis in the Alamogordo apartment they shared in January 2010. The military later assumed prosecution.

Twelfth Judicial District Attorney Diana Martwick dismissed the charge against Wilhelm because the U.S. Air Force has ample resources to bring witnesses in to testify from bases around the world for judicial proceedings, if necessary.

According to Magistrate Court records, Alamogordo Department of Public Safety officers found McGinnis unconscious when they arrived the evening of Jan. 17, 2010 at the airmen's apartment. Wilhelm was 21 at the time.

Detectives discovered that Wilhelm allegedly shot a .45-caliber handgun at McGinnis, Martwick said after state charges were filed.

According to Magistrate Court records, Wilhelm claimed McGinnis took his handgun away from him and shot himself.

The stumbling blocks for military prosecutors and the defense were McGinnis' manner of death and Wilhelm's statements after the shooting incident.

In a 2011 hearing at Holloman, New Mexico Associate Medical Investigator Dr. Ian Paul said that McGinnis died of a single gunshot wound but that he could not determine if the wound was self-inflicted or if someone else has shot him.

Stout said he believes Wilhelm plan to move back to Ohio where his family lives.

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Information from: Alamogordo Daily News