I don't know any of the rules regarding the death penalty and UCMJ, but the SGT, from 101st, who threw the grenade into a tent killing a CPT and a AF MAJ trail is still going on.
On April 21, 2005 Akbar was found guilty of two counts of premeditated murder (of Army Capt. Christopher Seifert, 27, who was shot in the back, and Air Force Maj. Gregory Stone, 40, struck by shrapnel) and three counts of attempted premeditated murder. He was sentenced to death on April 28, the jury deliberating for around 7 hours.
On November 20, 2006 Lieutenant General John Vines, commander of the 18th Airborne Corps, affirmed the death sentence against Akbar. The case now goes to the Army Court of Criminal Appeals under an automatic appeal. If the appeal fails, the execution will take place by lethal injection.
This should be interesting since this D-bag is a field grade officer.