UPDATE: Fort Knox Soldier Will Be Tried in Military Court

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36-year-old Marquinta Jacobs will no longer make court appearances in Bowling Green.

Courtesy: Portland Leader

The case will now play out in military court.

But what lies ahead for Jacobs?

A Bowling Green lawyer helps break down the process.

Marquinta Jacobs was escorted into federal court this morning and then sat silently before a judge as he was given the choice to be tried as a civilian or as a soldier, a choice a Bowling Green lawyer and former member of the military says is a very rare occurrence.

"If for instance I was in the military and charged with something I would not have the choice of proceeding in a military forum or a state court forum that decision is made between the prosecutors," says Matthew Baker, a Bowling Green Lawyer.

After being advised by a federal attorney Jacobs chose military court, and while the rules of evidence are the same as civilian court the rules of procedure differ.

"You would have initially an investigating officer who would conduct an article 32 investigation. That's sort of a one person grand jury and the investigation officer would hear all of the facts and he or she would make a recommendation to whats called the convening authority on whether or not there is enough evidence to support the charge or charges," says Baker.

This stems from the incident Wednesday when Jacobs allegedly shot a civilian employee several times in the parking lot of the Command Headquarters at Fort Knox and fled the scene to his home, he then took off on motorcycle to his mother's house in Portland, TN where neighbors were awakened late Wednesday night by police searching for Jacobs.

"Police cars were out here so obviously something was going on that's when the officer told me there's a possible homicide suspect next door," says Bob Morris, a neighbor.

But it would be during a routine traffic stop Jacobs was identified and now he will face a jury of military members.

"He could request an all officer jury or an enlisted jury but in any event all of the people on that jury would have to be of a rank greater than him," says Baker.

Jacobs was taken back to Fort Knox immediately after the hearing where he will await to stand trial.

Baker says after being tried in a military court it is possible Jacobs could still be tried in civilian court.

The army has now identified the victim as 51-year-old Lloyd Gibert, a Human Resource Specialist with the Army.

Still no word on what prompted Jacobs to allegedly shoot Gibert.

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