Mistrial in Military Murder Case

With the jury hopelessly deadlocked, a federal judge on Tuesday declared a mistrial in the murder case against an Air Force spouse accused of fatally stabbing her husband during a domestic quarrel in their quarters at Incirlik Air Base in Turkey.

The jury’s foreman said the panel split 7 to 5 for acquittal, although earlier balloting had tipped in the other direction.

Latasha Arnt, 24, of Moreno Valley was the first person to be prosecuted under the Military Extraterritorial Jurisdiction Act, which provides for civilians who accompany military personnel abroad to be returned to the United States for trial if the host country declines to prosecute.

Enacted four years ago, the law closed a loophole that allowed some American civilians to go unpunished for serious crimes committed overseas.

Arnt was charged with second-degree murder, and faced a maximum 30-year prison term, in the slaying of her husband, Staff Sgt. Matthias A. Arnt III, 24, during a fight in their living quarters after he returned drunk from a party.

After hearing evidence in the weeklong trial, U.S. District Judge Percy Anderson allowed the jury also to consider a lesser charge of voluntary manslaughter, punishable by up to 10 years in prison.

Prosecutors said Arnt acted out of anger and jealousy after finding letters and sexy photos sent to her husband by a former girlfriend at his request.

Arnt testified that her husband became enraged when she told him she was returning to the United States with their infant daughter and planned to divorce him.

“He made it clear he would kill me before I left with the baby,” she told the jury. She said he tried to attack her, and she ran into the kitchen, grabbed a knife and stabbed him as he was about to punch her.

Stan Soto, the jury foreman, said some members of the panel were troubled over inconsistencies between the account she gave to military investigators immediately after the May 26, 2003, slaying, and her testimony on the stand.

Soto, 46, of Los Angeles, said Sgt. Arnt was found to have had a blood-alcohol level of 0.26%.

“He seemed to me to be a man who couldn’t defend himself” much less pose a threat, Soto said. He also noted that Arnt had no bruises or scratches on her body despite her testimony that she had struggled with her husband.

Other jurors said they found Arnt’s testimony credible, despite some inconsistencies. They noted that during the couple’s argument, Arnt had phoned friends, pleading with them to come quickly and get her husband -- not the sign of someone bent on murder.

Prosecutors Jerry Behnke and Alexander Bustamante had no comment on the mistrial. Arnt’s co-counsel federal public defender Guy Iversen, said he expects the government to retry his client, who remains free on bond.