Two defendants charged as accomplices in a 2015 incident where a gunman shot into a crowd and killed a father of six have received lengthy prison terms for their involvement. The teenage gunman was recently found guilty of second-degree murder and will be sentenced later this month.
The Times Union reports that one of the accomplice defendants was convicted of attempted murder and will serve a 21-year prison sentence while the other accomplice defendant was convicted of manslaughter and sentenced to 15 years. Both accomplice defendants will also receive five years of post-release supervision. According to the police investigation, the defendant found guilty of second-degree murder that has yet to be sentenced fired into a crowd of people in the early morning hours of April 29, 2015, along with the accomplice that was convicted of attempted murder. Their firing into the crowd was reportedly an act of retribution meant to avenge a prior death, one which the victim had not been involved in. The defendant who will be serving time for manslaughter acted as the getaway driver in the incident.
Attempted murder is what is known as an inchoate offense. An inchoate offense is a crime that involves preparation to commit a specific crime, or action substantial enough to cause harm that society wishes to prevent. In the case of attempted murder, a conviction would generally require that the prosecution demonstrate two things:
- The defendant took some sort of substantial action toward killing another person; and
- This action was intended to result in killing another person.
In this particular instance, the defendant convicted of attempted murder had also fired into the crowd. It is likely that the prosecution was able to prove that the defendant intended to kill someone by firing into the crowd, especially because of the other bystanders that had been injured in the incident.
In New York, manslaughter is a form of homicide. It is generally applied to homicides that are not premeditated. In this particular instance, the getaway driver was convicted of manslaughter even though he did not directly injure or kill anyone, nor did he fire into the crowd. Prosecutors most likely used a theory based on accomplice liability to secure the manslaughter conviction. Under this theory, regardless of the intentions of the defendant that acted as the getaway driver, he still made the commission of the crime possible. Under New York law, a defendant can be found liable for the criminal conduct of another if he or she aids the other in such conduct. In this instance, the getaway driver aided the other two defendants by providing a method for the defendants to access the crime scene and subsequently flee. Prosecutors were also likely able to demonstrate that the getaway driver defendant intended to cause serious harm by transporting the other defendants to and from the crime scene. The combination of these circumstances would likely enable a jury to find support for a manslaughter conviction, especially under the theory of accomplice liability.
Violent Offense Charges
Any charge related to murder or manslaughter is an extremely serious offense that carries with it potentially devastating consequences. As you can see from the resulting sentences discussed above, any involvement that results in these types of criminal charges can result in lengthy prison terms. If you are facing these types of charges, or any violent criminal charges, you need the help of an experienced criminal defense attorney. If you are facing charges for a violent crime, time is of the essence in securing an attorney. The sooner you secure representation, the sooner your attorney can conduct their own thorough investigation into the circumstances surrounding your charges and the more time they will have to establish the best defense available to you. The Nave + Associates (formerly Anelli Nave) criminal defense team has experience handling violent criminal charges. If you are facing criminal charges for violent offenses, contact the Nave + Associates (formerly Anelli Nave) criminal defense team today to schedule a consultation.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave + Associates (formerly Anelli Nave) are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.