Colorado Springs – Army Pvt. Timothy Parker was threatened by two drunken soldiers during an off-base altercation and was defending himself in the fight that left one of the two GIs dead, Parker’s defense attorney argued during a hearing Tuesday at Fort Carson.
Parker, 22, was arrested Nov. 11 after allegedly striking Spec. Piotr Szczypka with a fireplace poker during a 4 a.m. shoving match at a Colorado Springs apartment complex. He has been charged with second-degree murder in Szczypka’s death.
Tuesday’s Article 32 hearing will determine whether there is enough evidence to proceed with a court-martial.
Investigating officer Capt. Paul Muething heard Army prosecutors paint Parker as the instigator – coming out of his apartment patio armed with the poker after being insulted by Szczypka and his friend, Spec. Omar Conte.
“Instead of going inside and calling the police, Parker took a fireplace poker to a fistfight,” said government attorney Capt. Elena Matt.
Parker’s attorney, Elvin Gentry, argued that Parker had a right to chase the soldiers off and to defend himself against their threats.
“I think you have a right to find out what’s going on if someone is urinating on your retaining wall,” Gentry said. “You don’t have to cower in your apartment.”
Testifying police officers said Parker and his friend, Pvt. Kyle Crone, were insulted by Szczypka and Conte, who had been drinking in two different pool halls that evening. Crone told police that Szczypka said: “I’ll cut you up.”
Gentry also argued that there is no physical evidence that the blow from the fireplace poker caused Szczypka’s death.
Although Parker told police he “bopped” Szczypka on the head, police photos showed no marks or injuries on his scalp.
The coroner declared Szczypka died from a burst “berry aneurism,” a congenital defect.
“The autopsy report talks about the cause of death being a burst aneurism,” Gentry said, “but does not talk about the mechanism that burst it.”
Gentry said Parker’s friend Crone hit Szczypka in the jaw with his fist, yet was not charged with murder.
Crone declined to testify, invoking his Fifth Amendment right against self-incrimination.
Muething will make a recommendation whether to charge Parker in a court-martial. Parker is being held in the Colorado Justice Center.
