Woman accused of killing fellow Lewis-McChord soldiers faces court-martial

A woman accused of killing two fellow soldiers from Joint Base Lewis-McChord and kidnapping their baby in 2008 will face a general court-martial after military authorities determined last week there was enough evidence to move forward with the case.

Army Spec. Ivette Gonzalez Davila, 24, of Bakersfield, Calif., has been charged with two specifications of premeditated murder and kidnapping. She has been held in the brig at Naval Base Kitsap-Bangor since March 5, 2008, after Pierce County prosecutors deferred prosecution of the case to the military.

A date for the court-martial has not been set, according to Catherine Caruso, a spokeswoman for Joint Base Lewis-McChord.

According to a news release, Davila is charged in the fatal shootings of Staff Sgt. Timothy Miller and his wife, Sgt. Randi Miller, in the couple's Parkland house on March 1, 2008. Davila was driven by jealousy, believing Randi Miller was having an affair with Davila's ex-boyfriend, according to a declaration of probable cause filed by Pierce County prosecutors days after the shootings.

Davila is accused of breaking into the Millers' home and shooting the young couple.

Charging documents allege she took the Millers' baby with her to the base.

Davila originally told another soldier that she was baby-sitting the child. The next day, though, the other soldier called authorities after Davila allegedly admitted to killing the Millers, according to the court documents.

If convicted as charged, Davila could be executed.

Unlike civilian criminal courts, which require a unanimous verdict for conviction, military juries require only a two-thirds agreement for conviction, according to military-justice experts.

But to impose the death penalty, jurors must be unanimous in the conviction and must agree that at least one aggravating factor existed, experts say. Even then, the death penalty must be confirmed by the president of the United States before it can be carried out.

The Millers' child is living with her paternal grandparents, who were awarded permanent guardianship.

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com.

Information from Seattle Times archives is included in this report.