Fort Bliss Soldier Not Guilty In Death Of Fellow Soldier

A night of drinking turned fatal in June of 2010, and claimed the life of then 18-year-old Fort Bliss soldier, Pfc. Colton Smith who was found dead in his bunker the next morning.

Thursday morning, Pfc. John Huber stood inside a military courtroom as a jury handed down a verdict.

Pfc. Huber faced four charges in the death of Pfc. Smith: negligent homicide, obstruction of justice, battery and dereliction of duty.

After three hours of deliberation, the jury found Huber guilty of obstruction of justice, and not guilty of the other three charges.

During closing arguments, prosecuting lawyer Capt. Scott Woods, told the jury, “(Huber) failed Pfc. Smith, his battle buddy. Instead of seeking help, medical treatment, Pfc. Huber drew on him with a permanent marker.”

Huber’s defense lawyer, Capt. John Mark, said Huber should not be held responsible for Smith’s death because no one knew it would turn fatal.

Witnesses who took the stand revealed Smith passed out from drinking on several occasions.

Smith’s mother, Tia Carlson, was also in the courtroom and said all she wanted was closure.

“I want to be able to finally mourn my son’s death,” said Carlson.

Before the verdict was read, Carlson and Huber hugged one another and wiped away tears.

Carlson told ABC-7 Huber told her he was “scared,” as he walked back into the courtroom.

After three hours of deliberation, jurors handed down the verdict.

Pfc. Huber is expected to be sentenced Friday morning.

Two other soldiers have already been tried and sentenced in relation to Smith’s death.