Shreveport: will this perp be charged with murder?

[FishingBack]

Scenario:

2 young men (boys, really) broke into the house of a 62 year old man in a middle class area in Shreveport. While he was sleeping, they pounced on him and duct-taped him.

They were ransacking the house when the 31 year old son came by to check on his father. One of the perps, 15, exchanged gunfire with the son and was killed. The son was unharmed.

The second perp fled but has been caught.

Now, under LA law will he be charged with murder since his accomplice was killed in the act of a crime?

 

[Storm52]

Paper indicated charges will be one count of home invasion. They could be upgraded.

 

[Baldrik78]

Paper indicated charges will be one count of home invasion. They could be upgraded.

They almost always do this. Hold them on the lesser charge and then hit them with the greater charges when they get in front of a judge. Gives the dfence less time to prepare, etc.

 

[Speedlace]

Home invasion: Suspect caught, dead youth ID'd

Police have arrested a suspect in connection with a home invasion and the coroner has identiifed the 15-year-old who was killed while invading the home.

At about 10 p.m. today, Shreveport police arrested Jeremy Rachal, 18, of the 6200 block of South Crest Drive in Shreveport, on a charge of home invasion, according to Sgt. Bill Goodin, police spokesman.

Dr. Todd Thoma identified the 15-year-old as Gregory N. Graham.

Graham apparently participated in the home invasion at Billy Mayweather’s house in the 6000 block of Fox Chase Trail.

When the 62-year-old’s son, Brandon Mayweather, 31, came by the house shortly after 11 p.m. to check on him, Graham opened fire on Brandon Mayweather, according to police.

But Brandon Mayweather was also armed and returned fire, shooting the 15-year-old twice in the torso and once in an arm. Graham was pronounced dead at LSU Hospital in Shreveport.

Police say Brandon Mayweather, who was accompanied by his mother, was checking up on his father when he stumbled in upon the home invasion. Neither he or his mother live with Billy Mayweather.

By the time they’d arrived, Billy Mayweather had already been awoken by two males as they were restraining his hands and feet with duct tape.

Goodin called this method of restraining the home owner an anomaly — other than a home invasion in Benton during which three intruders used the same variety of extra-strength tape to immobilize the 68-year-old homeowner while they robbed her of her safe just after midnight Feb. 24.

Two guns suspected to be those used in the shoot-out between Brandon Mayweather and Graham were seized.

http://www.shreveporttimes.com/arti.../Home-invasion-Suspect-caught-dead-youth-ID-d

 

[FishingBack]

2 torso and an arm vs no hits for the perp. Sounds like the 15 yr old was playing gangsta wanna be and came up against somebody with some time at the range.


And the victim's house was in the same general area as the older perp. Did they not think they'd get seen/identified/caught? Numbskulls. Well, singular now. Numbskull.

 

[DesmoDucRob]

2 torso and an arm vs no hits for the perp. Sounds like the 15 yr old was playing gangsta wanna be and came up against somebody with some time at the range.

This is what I was thinking. I bet this guy's reflexes screamed "Mozambique." Two in the center of mass, and that last round was a little difficult, since the target was probably not standing still at that point.

 

[Hitman]

More and More and MORE of these stories showing up. Armed Citizens putting criminals down.

 

[topgunz1]

I'd go with aggravated burglary. Unauthorized entry with intent to commit theft or other felony, commits battery upon entry. Home invasion is entry with intent to use force or violence which based on the news story I'd believe that theft was the primary intent unless they had history with the old man somehow.

That's mainly in the legal definitions, not common usage. To use common usage, any time a theft is committed a person says they "got robbed" which is a totally different thing.

 

[FishingBack]

Whether he is charged with murder or not, COULD he be charged under LA law with murder?

 

[dantheman]

Whether he is charged with murder or not, COULD he be charged under LA law with murder?

I don't see it .

 

[Speedlace]

Whether he is charged with murder or not, COULD he be charged under LA law with murder?

You're talking about a felony murder rule/doctrine.

If a death occurs during a felony, it is considered to be first degree murder and all of the felony's participants (or attempted felony's participants) can be charged and found guilty of murder. For example: if a robbery involves more than one criminal and one of them kills a clerk, all of the participants can be found guilty of murder even if they all did not have a gun or intend to hurt anyone. Similarly, if one of the holdup men or women is killed, his/her fellow robbers can be charged with murder.

Louisiana doesn't have such a law that I could find.

If Louisiana does, could someone post the statute.

 

[FishingBack]

§30. First degree murder

A. First degree murder is the killing of a human being:

(1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated rape, forcible rape, aggravated burglary, armed robbery, assault by drive-by shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty to juveniles, or second degree cruelty to juveniles.

C. Whoever commits the crime of first degree murder shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence in accordance with the determination of the jury.

 

[W1nds0rF0x]

I'd go with aggravated burglary. Unauthorized entry with intent to commit theft or other felony, commits battery upon entry. Home invasion is entry with intent to use force or violence which based on the news story I'd believe that theft was the primary intent unless they had history with the old man somehow.

That's mainly in the legal definitions, not common usage. To use common usage, any time a theft is committed a person says they "got robbed" which is a totally different thing.

Yep, I agree, BUT the prosecutor theoretically could add murder to it for the same reasons they did in Anty's case if he felt so inclined I assume.