We don’t just post wins. This week we lost. And it was heavy.
/This week we defended a young man in a county down in the 4th Circuit charged with capital murder. We fought hard for him, but the evidence and the law were not on our side. At about 8 pm on Friday night, the jury came back with a guilty verdict to an emotional audience in the courthouse. This young man will be sentenced to life in prison - as that is the only sentence under the law - and if there are no issues for appeal, he will die in prison. The State did not seek death.
It was a house burglary gone wrong six years ago. Our client was the lookout while three other young men went into an apartment to rob and steal. But our client knew what they were doing. He knew they had a gun. And even though he ran when he heard the shots, it doesn’t matter.
Our client went to the police after the crime, as we are all taught in school to do, and told them what happened with the inference that he would just be a witness against the rest and not charged. He was very wrong.
Despite his information being material and leading to the arrest of other defendants - our client was charged with capital murder same as the rest. Going to the police gave him nothing. Except maybe clarity of conscience, which is not what he sought.
The two assistant DA’s who tried the case were as open and fair as any we have been against. They told the jury from the start that this defendant was not the shooter. He was just the lookout. I appreciated the honesty. But the law doesn’t care. And they are right.
Judge McCray was an excellent judge before whom to try this complex and difficult case. Her many years of experience on the bench showed, and I appreciated her patience working with us lawyers, witnesses, the jury, and a very emotional courthouse audience as we frequently stayed after hours.
PSA: Despite my personal feelings about group punishment, or about a law that allows for a murder conviction when both sides agree the defendant didn’t kill anyone, the felony murder law is REAL. And we as citizens are presumed to know the law, even if many of our schools fail to teach it to us. My client dropped out of school at 14. But he is tasked to know the law same as me.
So I say all that to say - If you engage in an inherently dangerous activity, such as breaking into a house, or robbing someone on the street, and someone dies, even if that was not part of the plan - the “next thing I know” defense doesn’t work. That’s capital murder. And if a gun is used, Mississippi doesn’t care if you are 14 or 44. You will die in prison if the State doesn’t seek to kill you first.
