This is basic felony murder shit. Any attorney worth their salt should have been telling him to take the plea deal, because felony murder is a Big Fucking Deal. To be more exact, 46 of 50 states have some version of a felony murder statute, and in 24 of them–just under half–felony murder is a capital crime, and can potentially receive the death penalty.
A good attorney would be communicating this clearly to their client, and make sure that the client understood that going to trial would likely mean decades in prison, and possibly a death penalty; the odds of beating the charge, if you participated in the underlying crime, are very, very poor.
Here’s the basic deal: when a deal occurs during the course of committing certain felonies, any major participant in the commission of that crime are guilty of causing that death. If you’re the getaway driver in a bank robbery, and all of the robbers get killed by security guards, you get charged with murder for their deaths, even though it was legal for the security guards to use lethal force against them. Smith was one of the participants in the burglary, and it was during the commission of the burglary that Washington attacked a police officer and was killed. Because Smith was an active participant in that burglary, he’s guilty of that death, even though Washington was justifiably killed by a cop.
And, BTW, this isn’t bootlicking bullshit. It didn’t need to be a cop that killed Washington for a felony murder charge to apply to Smith. If Washington had attacked the homeowner, and the homeowner had killled Washington, it would have been the same felony murder charge for Smith.
Garbage in garbage out.
If you accept US disgusting legal system as fair or ‘normal’ you can justify this outcome. Its obviously not.
Charging a person with felony murder when no murder was commited is not justice no more than Saudi Arabia executing people for being gay.
I 'll also give you some personal advice, no non-bootlicker preemptively disclaims being a bootlicker.
I 'll also give you some personal advice, no non-bootlicker preemptively disclaims being a bootlicker.
People here seem to think that anything that could even remotely be taking as being favorable towards cops is bootlicking. It’s not bootlicking bullshit because the person that kills the burglar is not relevant to the charges. Moreover, it’s not relevant whom Washington attacked; if it had been the homeowner that had been attacked by, and shot and killed Washington, the charges would have been identical.
I’m not in favor of the way most cops conduct themselves, but I’m even less in favor of being attacked by someone that takes umbrage with not being allowed to burglarize my residence.
I am not complaining about the cops’ behavior here. While the cops are the boot a bootlicker shows their submission to the wearer of the boots; the US “justice” system in this case, not just the police.
People here seem to think that anything that could even remotely be taking as being favorable towards cops is bootlicking. It’s not bootlicking bullshit because the person that kills the burglar is not relevant to the charges. Moreover, it’s not relevant whom Washington attacked; if it had been the homeowner that had been attacked by, and shot and killed Washington, the charges would have been identical.
I am not arguing that US law is not being applied correctly, I am arguing it is immoral as unjust. You accepting US law on this issue as just is precisely why you are a bootlicker.
I’m not in favor of the way most cops conduct themselves, but I’m even less in favor of being attacked by someone that takes umbrage with not being allowed to burglarize my residence
I don’t give a shit about your residence in that shithole of a country.
Exactly. I’m not even particularly opposed if you take part in a violent felony that resulted in death so long as it’s a victims death. Participants dying by accident or by external deadly force especially police use of force getting charged is fucking dumb.
Why? Just because it feels wrong?
Their decision to break and enter directly lead to a persons death. Why do make a distinction between who’s life it is?
If your actions lead to a persons death, you should be charged for it.
The flip side of this is what? As long as you have others do the murdering you can’t be charged?
Walk me through why its wrong?
'I don’t suck authority’s dick, but when I do…"
Yes, you do. Stay the fuck away from me.
I mean, that’s still mighty fucked up. So you’re accomplice couldn’t run as fast as you and you get charged with their death someone else caused? How are people ok with that?
And yes I totally understand that it was a justified shooting but charging someone with murder when they didn’t murder someone one is insane as fuck.
It’s pretty simple to understand: you were a participant in the underlying felony that lead to someone’s death. Had that underlying event not happened, no death would have happened. Because you participated in the event, you share the legal responsibility.
It’s the same general principle as RICO (racketeer influenced and corrupt organization) laws; when you participate in a criminal undertaking, you’re responsible for the results of that activity. If you don’t want to be responsible for the results, then you shouldn’t participate in the crime.
…And if you do participate in the crime, take the goddamn plea deal instead of expecting that the jury is going to nullify the results, because jury nullification is both very rare, and leads to a lot of undesirable results.
Don’t even have to be present. If you say and planned an armed robbery with a gang, then fell asleep and they went out and enacted the plan, and someone died (either a gang member, or a third party) as a result. You’re liable if they can prove that involvement.
It is simple to understand that that is the rule. Its also very simple to understand how absolutely fucked up that is.
Next time they shoot another innocent person and murder them at the wrong address is the person who’s address they were supposed to be at going to be held responsible?
To add to this, say an addict buys drugs from a dude but that dude is a cartel member and murders a family after a few months. Addict didn’t give him the gun, maybe addict didn’t even know he was cartel but because of ol’ Rico since you interacted with a criminal organization your hands have blood on them too?
Any attorney worth their salt should have been telling him to take the plea deal
Apparently, he was the only one of the four charged who didn’t take a plea deal.
At the same time, seems his plea deal was for 25 years, only 5 less than the 30 he got.
Also, unless I’m mistaken, that sentencing was a year and a half ago, wonder why it’s coming up now out of nowhere…
This is a bad law for obvious reasons. Not least of which is that literally anyone can be charged with a crime for simply being with a criminal if it works the way you explained it.
It would make more sense if it had guardrails that required the police show the crimes were planned and coordinated together.
Felony Murder is a bitch, just like whoever wrote that headline.
Have you considered that maybe felony murder is fascist bullshit and the headline writer is completely correct to call it out?
They chose to commit a crime together, then they got into a shootout with police.
The responsibility lies with the people who chose to commit the crime in the first place.
Breaking and entering is stupid dangerous, they knew that. Thats why they had a gun.
OK, this, much like the specific law involved in this situation, is ridiculously reductive.
Did they break and enter? Yes. Did the friend, who was shot and killed, engage police with a weapon? Yes. Did the guy charged with murder force his friend into the situation that led to his death? NO! The kid who was killed decided to engage the cops with a weapon, while the kid who was charged ran into the woods.
The law just seems like a poorly veiled means of piling additional charges on to criminals, no matter how petty the crime. I’d bet there are probably some more wild situations where the justice system managed to butterfly effect their way to linking some petty crime with something not at all associated with the crime itself.
Did he though, or his friends? The whole concept of manslaughter, and murder in the first and second degree is based on intent. Robbing a place is not as bad as murder, I’m sorry. That’s ridiculous.
Guns can be used a deterrent. I mean, the US have nukes. Mutually assured destruction. There isn’t the intent to use it, just to have it to protect yourself. It’s weird they hold kids to a higher standard than their own foreign policy.
Breaking and entering is stupid. It isn’t a plan to murder someone though.
Well jeez, if only there was a crime you could charge them with for that instead.
Yes, if a crime you are committing results in a police death of a person then you are liable
In the US at least, not Canada
Yes, you’re reading it right: “whom was shot”.
Whomsoever wrote that should be shot.
You really have to wonder who benefits from sharing such bullshit lies like this post.
So you have a link to factual information pertaining to the actual event, right?