The court-martial evidence, which included Loving's undisputed videotaped confession, established the following facts: the first robbery and murder victim, Pvt. Christopher Fay, was an active duty soldier working for extra money as a cab driver. At approximately 8:00 p.m. on December 12, Fay drove Loving from Killeen, Texas, to a secluded area of Fort Hood, where Loving robbed him at gunpoint. After taking Fay's money, Loving shot Fay in the back of the head. While watching blood "gushing out" of Fay's head, Loving shot him in the back of the head a second time. Fay's dead body was discovered by another soldier at Fort Hood a short while later.
Loving, after fleeing to his Fort Hood barracks, called for a second cab at 8:15 that same evening. The second cab, driven by retired Army Sergeant Bobby Sharbino, drove Loving from Fort Hood to a secluded street in Killeen, Texas. Loving then robbed Sharbino at gunpoint, ordered him to lie down on the seat, and murdered him by shooting him in the head.
The next day, During a Joint Task Force with the FBI, Texas Rangers and the US Army Criminal Investigation Division (USACIDC), Loving was arrested by Army Special Agents and made a video taped confession; he later reviewed and signed a written transcript of the confession.