BackAgain
Neutronium Member & truth speaker #StopBrandon
Felony murder rule (California) - Wikipedia
en.m.wikipedia.org
A pretty dubious legal basis by a California DA
The basis to let the suspect off the “murder” hook is that (legally) the deceased gas station victim was shooting at the would be robbers as they were fleeing. This would mean that his action wasn’t covered by “self defense” (which is true enough) but it does not mean that the defendant and the other would be robber weren’t FLEEING from their attempted robbery. In fact, they were
In the state of California, a heavily modified version of the common law felony murder rule is codified in California Penal Code § 189.[1]
Circumstances …
…. felony murder can only be prosecuted in certain specific circumstances if at least one of these is true:
during the commission, attempted commission, or flight of a inherently dangerous felony.
- The defendant directly killed a person.
- The defendant, with the intent to have the victim killed, "aided, abetted, counseled, commanded, induced, solicited, requested, or assisted" the actual killer.[3]
- The defendant was a major participant in the underlying felony and acted with reckless indifference to human life.[4]
- The victim was a peace officer who was killed while in the course of the peace officer’s duties, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of their duties,
Felony murder rule (California) - Wikipedia
en.m.wikipedia.org
Therefore, it is mystifying that the prosecutor is apparently now just double-talking the public.
The felony murder rule isn’t dependent upon the victim’s use of self defense — or not. This is some shady California “justice.”