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Getaway driver arrested for murder.

Ranb

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The getaway driver in a home invasion was arrested for felony murder. Her three accomplices were killed by a resident of the home they invaded.

http://www.foxnews.com/us/2017/03/2...ooting-suspected-getaway-driver-arrested.html
Two of the three who broke in through a glass door in the back of the house were armed: one with a knife and one with brass knuckles,....

The suspected getaway driver, 21-year-old Elizabeth Marie Rodriguez, turned herself in hours after the shooting, Fox 25 reported. She was booked in the Wagoner County jail on three counts of first-degree murder and three counts of first-degree burglary.

The shooter has not been arrested, yet.

Ranb
 
The linked story doesn't say felony murder.
Oops, my mistake. Should have said first-degree murder

Accessory to murder, surely?
Maybe if you're talking about the driver. I took a look at the Oklahoma statutes here; http://www.oklegislature.gov/osstatuestitle.html . I don't understand them enough to know if the reporter who wrote the story knows what they're talking about.

As far as the home invasion victim (the shooter) is concerned, Oklahoma law seems to be protecting him unless there is other evidence that shows the shooter was not acting in defense of himself.

§21-1289.25. Physical or deadly force against intruder.
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes or places of business.
 
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You're thinking the resident of the home committed murder, aren't you?

Certainly we can fault him for only getting three out of four. I know, I know: 75% is a passing grade in most school systems. But really we should hold out for higher standards, and expect people to try harder.
 
Certainly we can fault him for only getting three out of four. I know, I know: 75% is a passing grade in most school systems. But really we should hold out for higher standards, and expect people to try harder.

Three out of three invaders. The driver was extra credit. Since he was already passing the class, I think we can forgive him for goofing off in Homeroom.
 
From what I'm understanding, this person can be charged and convicted of murder even though they did not actually murder anyone. Is that right? Does this mean that accessory charges don't even exist?

When I was learning basic law in high school, driving a getaway car was the definitive example of an accessory. As in, "What does accessory mean?" "The getaway car driver is an accessory. They didn't take part in the crime itself, but they knew about it and facilitated it." A distinction was also drawn between an accessory before the crime, who had knowledge prior to the crime being committed, and an accessory after the crime, who did not.

For example, if the getaway driver had been a participant in the plan to murder someone from the beginning, they would be an accessory before. If they had no idea what was going to happen until after the actual murderer came out and said "Okay, you gotta take me away from here because I just murdered someone", they would be an accessory after.

From what I'm being told here, if the person was a participant in the plan to murder someone from the beginning, they they are a murderer because they had the intent to have the person end up murdered, regardless of whether they actually pulled the trigger or not. This would mean that what I described above as an accessory after would not be a murderer, because they did not have the intent. Is that right?

My knowledge of law is limited, and what I learned in Australia may be different from what the law is in America. Heck, what the law is in America may be different from what the law is in another part of America, so I think my confusion is understandable. I would have thought that murder was a federal crime though, and would be treated consistently.
 
CNN: Elizabeth Rodriguez was arrested on three counts of first-degree murder, one count of first-degree burglary and one count of second-degree burglary...

Oklahoma state law says that first-degree murder occurs if "any other person takes the life of a human being during ... first degree burglary." Another condition is if a person causes the death of another person with "malice aforethought."
 
From what I'm understanding, this person can be charged and convicted of murder even though they did not actually murder anyone. Is that right? Does this mean that accessory charges don't even exist?

When I was learning basic law in high school, driving a getaway car was the definitive example of an accessory. As in, "What does accessory mean?" "The getaway car driver is an accessory. They didn't take part in the crime itself, but they knew about it and facilitated it." A distinction was also drawn between an accessory before the crime, who had knowledge prior to the crime being committed, and an accessory after the crime, who did not.

For example, if the getaway driver had been a participant in the plan to murder someone from the beginning, they would be an accessory before. If they had no idea what was going to happen until after the actual murderer came out and said "Okay, you gotta take me away from here because I just murdered someone", they would be an accessory after.

From what I'm being told here, if the person was a participant in the plan to murder someone from the beginning, they they are a murderer because they had the intent to have the person end up murdered, regardless of whether they actually pulled the trigger or not. This would mean that what I described above as an accessory after would not be a murderer, because they did not have the intent. Is that right?

My knowledge of law is limited, and what I learned in Australia may be different from what the law is in America. Heck, what the law is in America may be different from what the law is in another part of America, so I think my confusion is understandable. I would have thought that murder was a federal crime though, and would be treated consistently.

Murder isn't federal crime unless it happens on federal land or the victim is a member of the federal government (and probably a few other unusual situations). Each state has its own jurisdiction, within which it defines and prosecutes crimes however it sees fit.

Other than that, there's a lot of scope for confusion in this story. First, we have no idea if it's being reported accurately in the first place.

Second, it's possible that the prosecutor has charged the driver with murder as an opening gambit in a plea bargain deal.

Personally, I think it's a bit of a stretch, and even a public defender should be able to laugh it off. The best logic I can come up with is, she's responsible for the deaths of her accomplices, and the highest possible charge for that is murder, so that's what she's being charged with.

She can't be an accessory to murder, since she's being charged with the murder itself. In this scenario, the homeowner would be the accessory (if he were to be charged). The only way she could be an accessory would be if the homeowner were charged with the murder.
 
I am under the impression that this is exactly the kind of situation that felony murder laws are intended to address. All of the persons directly involved in the commission of a felony are equally liable if the felony results in a homicide, regardless of who pulls the trigger.
 
Wait - are we not talking about the driver? "Getaway driver arrested for murder" is the title of the thread, isn't it? We're talking about the driver.
Yes, I'm talking about the driver and I presume you are to. theprestige suggested that you might be talking about the shooter.

I am really shocked by this. What a waste of young lives. I am not sure I agree that householders have the right to shoot dead intruders. Unless of course, they or their family is in danger.
Yes it is shocking indeed. Getting your dumb ass killed is an occupational hazard for home invaders. Given the reputation of the USA as armed to the teeth, why are people thinking they can get away with this kind of stupidity?
 
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Yes, I'm talking about the driver and I presume you are to. theprestige suggested that you might be talking about the shooter.

The shooter himself is only 23 and the getaway driver, Rodriguez, claims to have known him. He is exculpated, apparently, by the 'stand your ground' right. Could still be charged and cite this as a defence.
 
I am under the impression that this is exactly the kind of situation that felony murder laws are intended to address. All of the persons directly involved in the commission of a felony are equally liable if the felony results in a homicide, regardless of who pulls the trigger.

The felony didn't result in a homicide. The shooter isn't being charged.

It seems the driver is being charged with the separate crime of "getting her friends killed by taking part in their home invasion, i.e., murdering them".
 
I am really shocked by this. What a waste of young lives. I am not sure I agree that householders have the right to shoot dead intruders. Unless of course, they or their family is in danger.
I absolutely agree! Homeowners should be required to inquire as to the intent of any intruders, and only after the intruders indicate their intention to commit violence should the homeowner be permitted to act.

Interestingly, the linked article states that the accused did a little more than merely act as the getaway driver: "Rodriguez planned the burglary, took the three boys to the house, and was waiting in the driveway until she heard shots and left."
 

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