United States v. Schap

44 M.J. 512 (1996)

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United States v. Schap

United States Army Court of Criminal Appeals
44 M.J. 512 (1996)

Facts

Sergeant Stephen J. Schap (defendant) was visiting his wife in the hospital when she revealed to him that she was pregnant due to an extramarital affair. Schap remained calm and stayed at the hospital with his wife for several minutes, apparently concerned about her condition. Schap then went home and packed his passport, clothing, toiletries, food, financial records, and money. At some point, Schap also retrieved his eight-inch fighting knife. Over the next hour, Schap methodically deduced that his wife’s lover was Specialist Glover, one of Schap’s friends. After Schap located Glover at a phone booth next to the barracks dining hall, he attacked Glover with the knife, ultimately decapitating him. Witnesses described several of Schap’s actions as slow and rhythmic. Schap then held up Glover’s severed head and calmly announced, “This is what happens when you commit adultery.” After returning to his car, Schap changed clothes, placed Glover’s head into an athletic bag, and returned to his wife’s hospital room, where he screamed at his wife and thrust Glover’s head toward her before placing the head on her bedside table. Schap then calmly explained his actions to doctors and police. A general court-martial found Schap guilty of premeditated murder. Schap appealed, arguing that he should have been convicted of voluntary manslaughter and not premeditated murder because he had killed Glover in the heat of a sudden passion.

Rule of Law

Issue

Holding and Reasoning (Johnston, J.)

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