Hypthothetical

Boris · #1 08-31-2007, 02:36 AM

Assume you are a drug dealer. You and your homie go to make a sale. The buyers pull out a gun and try to rob you. You get scared and decide to pull your own piece and shoot and run at the same time. In the ensuing confusion you accidentally shoot your boy and kill him. Shots were fired by both parties to the transaction. Who is legally responsible for the death of your friend?

NT! · #2 08-31-2007, 02:38 AM

you are. in the book 'random family,' there is actually a case very similar to this - two young guys are in a gunfight, one guy steps into his friend's line of fire and gets splattered, friend goes to jail.

EDIT: the book is nonfiction obv, pretty interesting read if you ever have a chance

RickAstleyFan · #3 08-31-2007, 02:40 AM

If a shooting happens during the commission of a crime, then it's as though you pulled the trigger and shot him directly between the eyes.

TheRedRocket · #4 08-31-2007, 02:42 AM

youre charged with manslaughter, the other side charged with attempted murder and/or conspiracy to commit murder

miajag · #5 08-31-2007, 02:46 AM

[ QUOTE ]
If a shooting happens during the commission of a crime, then it's as though you pulled the trigger and shot him directly between the eyes.

[/ QUOTE ]

Depends on the crime and the jurisdiction.

slickpoppa · #6 08-31-2007, 02:56 AM

Partially depends on the state, but in NY the buyers are guilty of attempted murder and/or second degree (unintentional) felony murder, with the underlying felony being robbery. You are possibly guilty of second degree (involuntary) manslaughter or criminally negligent homicide. I say possibly because you have a self-defense claim that will stand up unless you consciously disgregarded a substantial risk of death to your homie when you were shooting your gun.

You can't be guilty of murder because you did not kill him intentionally and the felony murder rule does not apply to a felon for the unintentional death of one of his co-felons.

(edit - Actually the felony murder issue is a little more complicated because:
1. The rule is that felony murder does not apply for the death of a co-felon caused by the resistance of a victim or the police. In this case, you fired the deadly shot, so in some sense you obviously caused the death, but you could make a could argument that they buyers actually caused the death by pulling their guns first and forcing you to defend yourself.
2. In NY, the felony murder rule only applies to certain felonies, and selling drugs is not one of them. I think in some other states it applies to any felony.)

Bottom line is that the buyers are definitely guilty of something and you are anywhere from possibly to probably guilty of some form of homicide.

kerowo · #7 08-31-2007, 10:12 AM

Whoever the police catch is going to do time for it.

Dids · #8 08-31-2007, 11:18 AM

Boris has been watching The Wire?

BigPoppa · #9 08-31-2007, 11:41 AM

But who gets the voiceover work for Grand Theft Auto?

edited cause I only have a vague impression of something.

slickpoppa · #10 08-31-2007, 11:43 AM

[ QUOTE ]
[ QUOTE ]
If a shooting happens during the commission of a crime, then it's as though you pulled the trigger and shot him directly between the eyes.

[/ QUOTE ]

Correct
I believe it's called Felony Murder

Which means that EVERYONE involved in the drug deal (on eaither side) is on the hook for murder.

[/ QUOTE ]

It's really not that simple. Don't take your vague impression of something and state it as fact.