The Court of Appeals for the Armed Forces has upheld the conviction of Staff Sergeant Zackery J. Askins, a member of the United States Army, on charges of larceny and domestic violence. The court's decision, issued on August 11, 2026, addresses key issues regarding the statute of limitations and the multiplicity of domestic violence charges against Askins.
This ruling is significant as it clarifies the application of the statute of limitations in military law, particularly in cases involving serious offenses such as larceny of explosives and domestic violence. The outcome impacts Askins, who faced multiple charges and has now had his convictions affirmed by the court.
Background
The case involves Staff Sergeant Zackery J. Askins, who was convicted of several offenses, including larceny of C-4 explosives and two specifications of domestic violence. The charges stemmed from incidents that occurred between August 2014 and August 2017, during which Askins was accused of stealing military explosives and committing acts of violence against his wife.
Askins's legal troubles began when he was charged in March 2022, well after the alleged offenses took place. The statute of limitations for prosecuting such offenses under the Uniform Code of Military Justice (UCMJ) is generally five years. However, the government argued that the statute was tolled due to the United States being in a state of war during the relevant period. This assertion became a focal point in Askins's appeal.
Initially, the Army Court of Criminal Appeals (CCA) ruled that the prosecution was not time-barred, leading Askins to appeal to the Court of Appeals for the Armed Forces. His case raised critical questions about the interpretation of military law regarding the statute of limitations and the multiplicity of charges.
The Ruling
The Court of Appeals for the Armed Forces ruled that Askins had waived his right to challenge the statute of limitations regarding his larceny conviction. The court stated, "SSG Askins waived the statute of limitations issue in regard to his larceny conviction." This means that Askins cannot contest the timing of the charges against him because he did not raise the issue during his trial.
Regarding the domestic violence specifications, the court found that even if Askins had not waived the multiplicity issue, he failed to prove that the military judge committed plain error by not consolidating the charges. The court noted, "SSG Askins has not met his burden to establish plain error on his multiplicity claim with regard to these offenses." This ruling reinstates the findings of guilty for the domestic violence charges against Askins.
Impact
The court's decision has significant implications for military law, particularly concerning the statute of limitations and how multiple charges are handled in cases of domestic violence. By affirming Askins's convictions, the ruling reinforces the principle that defendants in military courts must be vigilant about raising all potential defenses at trial.
Furthermore, the ruling clarifies that the statute of limitations can be tolled during periods of war, which may affect future cases involving military personnel. It also highlights the importance of legal representation and the potential consequences of waiving certain rights during the plea process.
What's Next
Askins's case is now returned to the Judge Advocate General of the Army for further review. While the court's decision can be appealed, the options for further legal recourse may be limited given the court's firm stance on the issues presented. There are currently no related cases pending that could affect this ruling.