Another home invasion story

[senorFrog]

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

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.

 

[Admin]

 

[JonJ]

Great to see people standing up to these thugs. And in the San Fran area too!

 

[TonyD]

I guess those three thought the gun ban already took place and included Clearlake. :?

 

[News Shooter]

The cycnic Journalist in me

says these guys were all druggies

 

[Adam_MA]

Driggies, in the SanFran area??? Nawwwwwwww [twisted]

 

[C-pher]

At least they won't be breading...

Natural Selection. Got to love it.

 

[matt]

Because two people died in the incident, Hughes has been arrested and booked for two counts of murder and other charges.

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]

 

[dwarven1]

Because two people died in the incident, Hughes has been arrested and booked for two counts of murder and other charges.

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.

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.

 

[matt]

Because two people died in the incident, Hughes has been arrested and booked for two counts of murder and other charges.

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.

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.

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!

 

[dwarven1]

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?

Yup.

 

[edsmith]

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]

 

[KMaurer]

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

 

[MidKnight]

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??

 

[KMaurer]

Several states have a similar law, but I don't know how widely the pattern is followed or if Mass has one.

Ken

 

[sdavid]

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.