More On Felony Murder

This is a followup to my earlier post on felony murder, in which I took Radley Balko and some other bloggers to task for their characterization of the facts of a case discussed in a New York Times article on felony murder. In that case, a guy named Ryan Holle was convicted of murder because he loaned his car to his friends -- after being informed that they intended to use it for a burglary, and that it might be necessary to do violence to a young lady named Jessica Snyder in the course of this burglary, Jessica, age 18, was bludgeoned to death by Mr. Holle's friends.

Radley Balko has now added an update to his earlier post, graciously admitting that he should probably have included in his original post the fact that Holle initially told police that he had been informed about the intended robbery and possible battery. But these facts don't change his mind:

It didn’t affect my opposition to the charge, though, because the guy also said he was drunk, and thought his friends were joking. So his crime here seems to have been an error in judgment. Or maybe an error in judgment affected by drinking too much. I can certainly imagine a scenario in college where I, having no criminal record (this guy didn’t, either), may have had too much too drink at a party, had some acquaintance say, “hey, can we borrow your car?” respond, “why?” and they respond, “because we want to break into someone’s house and steal their weed”,” there’s at least a chance I might have thought they were yanking my chain.

To begin with, Radley seems to be taking Holle's current version at face value, accepting it as fact. But it seems to contradict what he told the police at the time and his own testimony that he'd been told it might be necessary to "knock out" Jessica Snyder. I realize that he works on a lot of these "police abuse" cases, but it isn't necessary to take every convict's claims at face value. More to the point, while Holle apparently didn't have a record, we don't know whether his buddies had records, and that's the relevant question, in determining whether it's likely that Holle thought they were kidding. Sure, if one of my friends said, "can I borrow your car to rob somebody," I'd assume they were joking. But then, there's a pretty good chance (as in, a near-certainty) that they would be joking, because I don't hang out with criminals. If Holle hangs out with criminals, he'd be much less likely to think they were yanking his chain.

But that's not Radley's sole argument:

Believe that about this guy, or don’t. I don’t know how credible this guy is. It does seem clear, though, that he didn’t sit down with these guys and plan the burglary. There’s no mention of him getting a cut of the drugs they planned to steal. His culpability here seems to boil down to a split second of bad judgment. No premeditation. No specific intent. The guy who lent someone his car–after a night of partying under terms where there’s some doubt about whether he knew the real intentions of the lendees–got the same charge and sentence as the guys who committed a premeditated robbery, during which they smashed in a woman’s face with a metal safe. That really sound like a just outcome?

Well, I would have sentenced the actual killer to death, so that would eliminate the disparity between Holle's sentence and the killer's. And I can certainly see arguing for reform of the felony murder rule -- maybe making felony murder a form of second degree murder. But, while Holle didn't plan the murder, he did facilitate by providing transportation. So no, it doesn't strike me as being particularly unjust. He was part of the criminal enterprise.

If the case of Ryan Holle gets your goat, though, this California case really ought to drive you bonkers.

Here's what happened: three young black men, including a 22-year-old named Renato Hughes, broke into the home of Shannon Edmonds, who is white, intending to steal some marijuana. During the course of the burglary, they beat Edmonds' stepson, Dale Lafferty, with a baseball bat, causing permanent brain damage severe enough to render him unable to live independently or even feed himself.

During the course of the robbery, Shannon Edmonds managed to get his gun, and he shot the intruders, killing both of Hughes's accomplices. Edmonds had both marijuana and prescription drugs in his system, but he had prescriptions for both (remember, California has legal medical marijuana). Edmonds isn't charged at all. Renato Hughes, by contrast, is charged with felony murder under the California "provocative acts" doctrine. That's right, he's charged with felony murder in the death of his accomplices, despite the fact that it was the homeowner, not charged, who pulled the trigger.

Predictably, some people are playing the race card. They claim the victim ought to be the one in the dock:

The NAACP complained that prosecutors came down too hard on Hughes, who also faces robbery, burglary and assault charges. Prosecutors are not seeking the death penalty.

The Rev. Amos Brown, head of the San Francisco chapter of the NAACP and pastor at Hughes' church, said the case demonstrates the legal system is racist in remote Lake County, aspiring wine country 100 miles north of San Francisco. The sparsely populated county of 13,000 people is 91 percent white and 2 percent black.

Brown and other NAACP officials are asking why the homeowner is walking free. Tests showed Edmonds had marijuana and prescription medication in his system the night of the shooting. Edmonds had a prescription for both the pot and the medication to treat depression.

"This man had no business killing these boys," Brown said. "They were shot in the back. They had fled."

Note the use of the term "boy," despite the fact that the two invaders were 21 and 22, old enough to vote, sign contracts, even buy a beer. All a way of posthumously deflecting responsibility for their own criminality. (I guess Reverend Brown follow the Maureen Dowd theory of childhood.)

According to Reverend Brown's apparent theory, a homeowner has to turn on a dime and hold his fire the second his attackers begin to flee, even if they are still in the house and still a potential threat. That is simply unreasonable -- a home invasion creates a situation of total confusion. Edmonds had no way of knowing whether these people were no longer a threat. And even if they had begun to flee, we have no way of knowing that, with the adrenaline and confusion, this fact had reached his brain at that point. It is absurd to second-guess a homeowner subjected to this sort of attack. (Another reason why police no-knock raids should be strictly limited.)

It is hardly surprising that Hughes's mother is equally outraged. She thinks that her son and his friends were there to buy drugs, not rob the place. Well, I suppose that it is barely possible that this is some sort of drug-deal-gone-bad situation, but it seems unlikely. Most drug sellers don't shoot their customers, and her version doesn't account for the beaten stepson.

It is undoubtedly difficult to face a situation in which your son may well spend the rest of his natural life in prison for a crime he committed at a very young age. It is equally difficult to accept the fact that your son is a thug. But maybe if Judy Hughes and Reverend Brown had done a better job teaching Renato not to break into people's homes to rob them, they wouldn't be facing this predicament today. As in the Jena 6 case, it's a lot easier to cry about racism than to accept responsibility for thuggery.

Frankly, I have sympathy for the real victim, Dale Lafferty, who suffered permanent brain damage. And for Shannon Edmonds, who will undoubtedly suffer anguish over the killings, no matter how justified they were. I have no sympathy left for Renato Hughes or the other two invading beasts killed in the act of their crime. And lest anybody claim racial animus here, I assure you I would have a similar reaction if the invading beasts had been white. If Hughes rots in jail for the rest of his life, well, it's not so bad as what he did to his victims.

This case hasn't gotten a lot of traction in the blogosphere, but I imagine that, if it did, Hughes would get a lot more sympathy, though not from me. I want to acknowledge SteveAudio, whom I credit for the link to the original article. SteveAudio is troubled by what he characterizes as "vigilante style action" by the homeowner. I'd be troubled too if Edmonds had tracked the two guys down and killed them weeks later. But I think it's pretty reasonable to kill attackers who are in your house, particularly when they have beaten one of the occupants with a baseball bat.

Jeralyn over a TalkLeft is also troubled by this case, saying, "I don't like the idea of making defendants liable for the acts of victims." Honestly, I don't see why not -- if the act of the victim is a natural and foreseeable consequence of the crime. In this case, it is eminently predictable that a homeowner might fight back and kill one of the invaders.

Jeralyn also says something else that is quit bizarre. She says that Hughes should be charged with the beating of Dale Lafferty, "assuming it wasn't self-defense." At first I thought this had to be some sort of strange thinko, but then she goes on to say that one of the details she'd like to know is "Was the stepson brandishing a weapon (like a rifle or a gun) at the time he was beaten?"

This suggests that Jeralyn actually believes that these home invaders somehow had the right to engage in "self-defense" with a baseball bat if Dale Lafferty was brandishing a weapon. That's insane -- Lafferty was in his home. He had every right to brandish a weapon at intruders coming into his house. I would argue he had the right to fire a weapon at them. Once you break into somebody's house, you don't have the right to engage in "self-defense."

A Vile, Disgusting Crime

Via Steve Sailer, this report of a horrific crime in West Virginia. This is like something out of the movie Deliverance -- A young black woman was allegedly held for a week inside a shed located near a mobile home by a group of degenerate sadists who allegedly sexually assaulted her, forced her to eat dog and rat feces, poured hot water on her as they performed the sexual assault, and undoubtedly performed other evil acts upon her. In addition, the suspects, who are white, are alleged to have used racial slurs during the attack -- from the delicate manner in which the media reports are couching things, I assume they used the "N word." (Additional coverage -- including video of the poor woman and her mother can be found here.)

The AP is now reporting that the alleged perpetrators include two mothers and their grown children. As one report put it, the suspects are "not strangers to the criminal justice system." Since 1991, the six have faced a total of 101 criminal charges, the most serious being a first degree murder charge against Frankie Brewster, the owner of the mobile home where the alleged crime took place. She pled down to manslaughter and wanton endangerment and was released in 2000 after serving five years in prison. Brewster's son, Bobby Brewster, has also been charged in connection with this attack.

The other defendants include Karen Burton, who has faced 33 charges in her life, and her daughter Alisha Burton, who has "only" faced 20. Of course her daughter is only 23, so she can probably catch up with mom. Danny J. Combs and George A. Messer round out the list of defendants.

Words cannot express the sympathy I have toward this poor girl who was brutalized in this manner. Certainly if these charges are proven, the people who did them are vile scumbags who deserve to be punished to the fullest extent of the law. I would have no problem at all if this whole gang ended up dying in prison. And they're being charged with some serious crimes, so let's hope so.

Steve Sailer makes the point that this story will probably get more national attention than it otherwise would. He's probably right about that. If this were an otherwise-identical black-on-white attack, it's likely it would get less national coverage, and it's certain that the race of the attackers would be less prominently mentioned. Likewise if the attackers were illegal aliens. So he's right on the substance.

Maybe I'm having an attack of political correctness -- something I'm not generally prone to -- but I found Sailer's post a bit distasteful. My first reaction was "the poor girl," followed closely by "send these vermin to prison." Fine, make your point. But at least show some human compassion to a woman who appears to have been brutalized in an unspeakable manner. And some recognition that the people who did this are lower than dirt. (Assuming the allegations are borne out, that these people did it, etc.)

Like Steve Sailer, Dave Neiwart had a similar impulse. Not compassion or outrage, but instead the impulse to use the case to ride his favorite hobbyhorse. A different hobbyhorese, but still. For Neiwert, the case is a club for him to beat Michelle Malkin and the "wingnutosphere." He doesn't think she will talk about the case, and so that raises some issue of inconsistency. His very first sentence isn't about how bad the crime is or how he feels for the victim. Nope, it's a link to this post, where he bashes Malkin, at great length.

I'm not even worried about whether he's right, and Malkin has a big enough stage to defend herself. Truth be told, I'm not a huge fan of Malkin, and I think she's wrong about a lot of things. Of course I also think that much criticism of her -- including Neiwert's -- tends to be overwrought and unfair. Untangling the fair criticism from the overwrought criticism requires rather more effort than I want to make at the time, and as I said I'm willing to let Malkin fight her own battles.

But couldn't Neiwert at least at least express some compassion for the poor girl who got raped and forced to eat dog shit? Show some desire that the culprits be punished (after a fair trial, of course)? His first impulse is to use this as a way of attacking his perceived enemies. And the truth is, I don't think that even Michelle Malkin condones this sort of attack. I think Neiwart has a touch of "Malkin Derangement Syndrome."

"Receipt, Please" at Circuit City

Radley Balko links to this first-person account of a fellow named Michael Amor Righi, who was arrested at Circuit City. By all means read his account for yourself, but the short version is that he went to Circuit City, picked up a few items, paid for them, and left the store. The fellow at the door asked to see his receipt. Instead of complying, he said "no, thank you" and left the store. He was pursued outside the store, had a verbal confrontation with the manager, who blocked him from exiting. Righi ended up calling the cops (because the manager was blocking his exit) and the cop arrested him after he refused to a) show the receipt, and b) show his identification. He was charged with the nebulous charge of "Obstructing Official Business," which really doesn't seem to fit the facts. At least if you believe his account, he didn't do anything to, well, obstruct the police officer, other than refuse to submit to search or hand over his identification.

His account is detailed, and I have to say I vacillated between thinking he was a jerk and admiring his spunk. But he leaves out one key fact: did the Circuit City have a sign, prominently displayed in the front, which indicated that bags were subject to search? If so, then he agreed to enter private property under certain terms, and he should be bound by those terms. I think that Balko gets it exactly right:

If stores like Circuit City make clear that when you step onto their property, you agree to have your bags searched when you leave, then those are the conditions you agree to when you enter. Don't like it? Then shop elsewhere.

Precisely.

Now, I do happen to agree with Righi when he suggests that meek compliance with such demands is not exactly a good sign:

I am interested in living my life on strong principles and standing up for my rights as a consumer, a U.S. citizen and a human being. Allowing stores to inspect our bags at will might seem like a trivial matter, but it creates an atmosphere of obedience which is a dangerous thing.

Absolutely. Likewise the degrading and largely pointless rituals at aiport security and other places. But instead of welching on the deal he made with Circuit City when he entered this store, Righi has an alternative way to protest their policy: he can refuse to shop there. And with this internet thing, he can even organize he fellow search-objectors to refrain from shopping at stores like Circuit City and Best Buy en masse.

Nor is it likely that these stores implement such policies because they want to condition us to life ground beneath the heel of our corporate overlords. Rather, I'm guessing they pay somebody to sit outside the door and ask for receipts because such stores are prime targets for shoplifters. And I am guessing that they have a policy of asking everybody because their lawyers have told them that a more focused approach, where they ask some people but not others, will leave them open to discrimination claims by those who do get asked to their receipts.

I do think it was reasonable for the cop to ask to see his receipt, but once it became clear that the goods were not stolen, I don't see why it was necssary to take him into custody.