He is also charged with two counts of attempted murder and a misdemeanor count of disorderly conduct, the document shows.
He has pleaded not guilty to the charges, his attorney Kiki Gaither told CNN in a statement.
“At this time, it is too early to delineate any potential defense to the charges,” Gaither said in the statement. “More specifically, the parties must go through the discovery process through which potential information about witnesses and any relevant evidence will be exchanged.”
The soldiers were in Indiana as part of a training exercise, the Dutch Ministry of Defense said in a press release. On the night of the shooting, they had been out to a bar with a group of friends and were returning to their hotel, the two surviving victims told police, according to a probable cause affidavit.
The two soldiers told police that as they were returning, a fight broke out between some members of their squad and three other men, the affidavit states. As they arrived at the hotel, they said, shots were fired, the document says.
Poetsema died of a single gunshot to the head, according to the affidavit, citing an autopsy.
Several witnesses told police a fight broke out between the two groups, including a man identified in court documents as R., who says he was with Duncan when the fight started, the affidavit says.
Witness statements and video evidence placed R.’s pickup truck at the scene, which he left shortly after the shooting, according to the affidavit.
R. told police he was driving while Duncan was “shooting out of the back of the truck” and that Duncan said, “I just popped” when R. yelled at him to shoot, the affidavit says.
In a statement to police, his girlfriend said Duncan told her he thought he saw someone with a gun during the fight, so he went to the truck to get his own gun, the affidavit says.
“He said he saw one of the guys coming toward his waist so he defended himself,” the affidavit states. “The girlfriend asked Samar if he was the one who shot and he wouldn’t say anything.”
Duncan is scheduled to appear in court for a jury trial on Nov. 14, according to court records.
CNN’s Elizabeth Wolfe, Liam Reilly and Sarah Diab contributed to this report.
