Another home invasion story

senorFrog

senorFrog

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I have a feeling that if these home owners lived in MASS, they'd be members of this site. [wink]

Linkie...

http://www.kcbs.com/pages/kcbs/news/news_story.nsp?story_id=86491453&ID=kcbs&scategory=Computers

Excerpt...

Two Bay Area Men Killed, Third Arrested in Clearlake Home Invasion
Source: Associated Press
Publication date: 2005-12-08

CLEARLAKE, Calif.--Two Bay Area men are dead and a third in custody in what police say was a botched home invasion robbery in Clearlake.
Authorities say 21-year-old Rashad Williams of Pittsburg and 22-year-old Christian Foster of San Francisco died of gunshot wounds after authorities say residents of the home mounted a counterattack.

A third man who also allegedly participated in yesterday's early morning invasion, 21-year-old Renato Hughes Junior, was hospitalized with head injuries in the attack.

Because two people died in the incident, Hughes has been arrested and booked for two counts of murder and other charges.
 
senorFrog said:
Because two people died in the incident, Hughes has been arrested and booked for two counts of murder and other charges.
Click to expand...

I don't understand how they charged the accomplice with murder when the homeowner shot the intruders... I'm not complaining mind you, just don't understand how they get there.

Kudo's to the homeowner! [lol]
 
matt said:
senorFrog said:
Because two people died in the incident, Hughes has been arrested and booked for two counts of murder and other charges.
Click to expand...

I don't understand how they charged the accomplice with murder when the homeowner shot the intruders... I'm not complaining mind you, just don't understand how they get there.
Click to expand...

Because two people died in course of committing a felony, and the survivor was committing the felony so he's an accomplice before the fact is the legal reasoning, I believe. IOW, if he wasn't helping to commit the crime, he wouldn't have been charged.
 
dwarven1 said:
matt said:
senorFrog said:
Because two people died in the incident, Hughes has been arrested and booked for two counts of murder and other charges.
Click to expand...

I don't understand how they charged the accomplice with murder when the homeowner shot the intruders... I'm not complaining mind you, just don't understand how they get there.
Click to expand...

Because two people died in course of committing a felony, and the survivor was committing the felony so he's an accomplice before the fact is the legal reasoning, I believe. IOW, if he wasn't helping to commit the crime, he wouldn't have been charged.
Click to expand...

So if you are committing a crime and anyone dies as a result (even if it wasn't your overt act i.e. pulling the trigger) you are responsible and charged with murder?

Don't get me wrong, I'm all for sending the guy down the river for as long as possible, but since the two dead guys seem to have been willing accomplices, charging the third guy with murder somehow seems odd. I could definitely see if a by stander was killed that would make total sense.

Maybe I'm just being thick... wouldn't be the first time, won't be the last! :)
 
in kalif. if any one is killed in a crime,any one involved in commiting the crime is responible for the murder,just as it should be. as r. blake use to say,if you can't do the time,don't do the crime. i take a hard stand on volient crime,use a weapon of any kind to rob or kill some one,they should die. [twisted]
 
It's a specific statute, called the felony murder law. If any dies as a forseeable result of a felony, then anyone committing that felony can be charged with that person's murder. That means that if three guys go to do a hold-up, and one of them gets blown away, or a witness panics and drops dead of a heart attack, not only the other robber, but the third guy who's sitting behind the wheel of the get away car two blocks away, can both be charged with murder.

Ken
 
Is this just a Cali law, or is this pretty much country wide? I've heard of it in passing, but this is the first time I've heard it described in detail... and thanks for that!

Does MA have the same law??
 
All this training by Nancy is paying off. Maybe I should go to law school. Are there any good ones in MA?


http://www.mass.gov/legis/laws/mgl/274-2.htm

CHAPTER 274. FELONIES, ACCESSORIES AND ATTEMPTS TO COMMIT CRIMES

Chapter 274: Section 2 Aiders; accessories before fact; punishment

Section 2. Whoever aids in the commission of a felony, or is accessory thereto before the fact by counselling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon.
 
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