Gun Control & RKBA
Related: About this forumMass. teen faces murder charges after robbery accomplice is fatally shot by would-be victim
http://www.guns.com/2014/04/21/mass-teen-faces-murder-charges-robbery-accomplice-fatally-shot-victim/The tables were turned on two teens who attempted to rob a man early Wednesday morning in Lynn, Massachusetts, about 10 miles outside of Boston. One teen was fatally shot and the other now faces felony murder charges, but not because he fired the fatal shots.
At about 12:30 a.m. the would-be victim was approached by 17-year-old Jahleel Sanders Williams and 18-year-old Amoy Blake in the first floor hallway of a residential housing unit, local media reported. Blake apparently held a gun to the victim’s head, but unbeknown to the teens, their victim had a license to carry a concealed weapon and was legally armed. The victim then pulled out his own pistol and shot Blake.
At that point, Williams fled the scene, but he far from escaped the incident altogether. The victim called an ambulance for Blake, who was transported to a local hospital and later pronounced dead. Williams was arrested and during his arraignment the following day pleaded not guilty to charges which included attempt to commit a crime, armed robbery and felony murder.
Although Williams did not actually fire the fatal shots which claimed the life of Blake, according to a spokesperson from Essex District Attorney Jonathan Blodgett’s office, felony murder charges can be filed when a person is killed while committing a felon. Because Williams was participating in the act, he is legally liable for Blake’s death.
(Excerpt, remainder of article at link)
Glad to see the victim came through ok. Now it's time to throw the book at the criminal.
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blueridge3210
(1,401 posts)No problem charging the co-perpetrator for the attempted Armed Robbery; and if the victim had dropped from a medical condition I could see charging both with the felony murder. I am hesitant, when the co-perpetrator dies in the act of a violent crime, and the survivor(s) are charged with felony murder. I would be interested in hearing the rationale behind charging the surviving criminal with the crime of the co-perpetrator being killed by the intended victim in self-defense.
Jenoch
(7,720 posts)If the perp had shot and killed the intended victim they both would be charged with murder. This case uses same reasoning. Making both of the perps responsible for each other's actions is supposed to be a deterrent. I am in favor of such laws.
S_B_Jackson
(906 posts)Both assailents are full participants in the criminal act, and any injury or death that occurs during the commission of their criminal act is on them - jointly and separately. At least they did so in a state that won't sentence him to death.......
blueridge3210
(1,401 posts)
ManiacJoe
(10,138 posts)Blake is not dead because Williams committed the robbery.
Blake is dead because Blake committed the robbery.
Williams would be correctly charged with felony murder if Blake had killed the victim. However, most instances of the law are poorly written allowing for this misuse.
Jenoch
(7,720 posts)Blake is dead only because the TWO of them were committing a crime at the time of the perp's death. I believe anybody's death in the commission of a crime needs to be somebody's responsibility.
ManiacJoe
(10,138 posts)Blake is responsible for his own actions and his own death.
If Blake had not committed the crime he would be alive.
If Williams has not committed the crime, Blake would still be dead.
Jenoch
(7,720 posts)That is the law. You can disagree with the validity of the law, but you cannot deny its existance.
ManiacJoe
(10,138 posts)I disagree since Blake would be dead with or without the presence of Williams.
Nuclear Unicorn
(19,497 posts)True. However, imagine if the tragedy unfolded wherein the victim was the one who had been killed. Both robbers would be responsible though only 1 was most immediately the cause of death. Their combined actions precipitated the cause of death.
Just throwing that out there for consideration.
ManiacJoe
(10,138 posts)Directly or indirectly responsible for the death of the victim or bystander, the criminal(s) are rightly charged.
Unless Williams killed Blake, the responsibility for Blake's death rests solely with Blake.
MicaelS
(8,747 posts)Statutes being used like this. Especially for people like this. You hold a gun to someone's head to rob them, and you deserve whatever you get.
The Green Manalishi
(1,054 posts)Use a gun against another human in anything other than self defense you *NEVER* see the outside of a small, small cell again. Ever.