YORKVILLE - A grand jury sitting in Norfolk, Va., this week returned true bills against the man charged in the alleged murder of 24-year-old Yorkville native Kristopher Klubert in March of this year.
A bench trial has been scheduled to begin Dec. 9.
The grand jury returned the true bills earlier this week, indicting Wisconsin native Austin T. Greening, 22, on one count of second degree murder and one count of the illegal use of a firearm.
Greening has been free on a $25,000 bond since mid-March, despite arguments against allowing bond from the prosecutor's office.
Bond was posted just days after his initial arrest in connection with the March 9 shooting of Klubert.
Both men were on active duty with the United States Navy and had been scheduled for deployment on the USS Carter Hall the day after Klubert died as a result of a gunshot wound allegedly inflicted by Greening.
According to police reports the shooting came to the attention of local law enforcement officials via a 911 call placed at about 7 p.m. on Saturday, March 9.
Klubert was subsequently pronounced dead at the scene: Greening's apartment.
According to officials with the local prosecutor's office in Norfolk, the grand jury heard testimony relating details that put Greening and Klubert in the Wisconsin man's apartment where they had been playing video games and handling firearms when an argument - possibly about money - developed and escalated, resulting in the Yorkville man's death from a gunshot wound allegedly inflicted by Greening.
Greening has secured the services of Norfolk based attorney James Broccoletts who has said his case will be built on the argument that the fatal shooting was the direct result of a terrible accident.
If at trial Greening is found guilty on both charges, he could face a possible sentence on the murder charge of from 5 to 40 years in state prison, and a mandatory three year prison term for the commission of a crime involving a firearm.
Earlier this month several members of Klubert's immediate family traveled to Norfolk to be present in the courtroom during Greening's preliminary hearing in connection with the 24-year old Yorkville man's death.
Loccisano can be reached at email@example.com