Ellsworth 32 status.

An airman shot during a disagreement with a fellow airman appeared indecisive about what actually happened in a Rapid City apartment last September.

Piland recalled fighting with Santana and holding him in a choke hold, but did not remember statements he made to civilian investigators. He also had no recollection of portions of his testimony before a Pennington County grand jury.

Santana initially faced charges in Pennington County for shooting Piland three times. Those charges were dropped and he was turned over to military authorities for prosecution in October.

Rapid City Journal.  Referral to court-martial expected soon.

There is no double jeopardy issue – no state prosecution, and even if there was this would be the federal sovereign and state sovereign’s acting independently.  The fact that the state decided not to prosecute is not a bar to prosecution at court-martial under the UCMJ.  Legally, the Air Force could prosecute even if there’s been an acquittal.