UNDERSTANDING THE FELONY MURDER RULE, GETTING CHARGED WHEN YOU ARE NOT THE KILLER BUT YOU WERE THERE

UNDERSTANDING THE FELONY MURDER RULE - GETTING CHARGED WHEN YOU ARE NOT THE KILLER BUT YOU WERE THERE


If you are with your friends and they commit a murder, chances are you WILL be arrested for MURDER.


Jahere Jones mother has been beating the pavement trying to get someone to listen about her son who was charged with murder. Jones mother, Shanti Davis spoke during the council's regular meetings on January 25 2021 and on Monday February 22nd 2021.


RMPD arrested Jones in December and he was jailed without bond in connection with the fatal shooting of 17 yr old Rashon Rhodes on Nov. 21 2020 in the 700 block of Hammond Street in Rocky Mount


She stated that her son was riding in her truck with another person when the truck was shot at. Stating, “My front windshield was gone. My side door looked like it was struck by somebody in the Army. My whole back window was gone.”

She asked why police did not arrest the ones who shot at her son and his friends.

“They have the kids’ names. They have the kids’ addresses. They have the kids’ information,” Davis said.

She stated that other people shot at her truck first and that another person who was in her truck shot back. She also argued her information is that her son did not shoot anybody but that the intent was to get away from the gunfire.


She is begging for help as her son just had a baby as well.


There is not anything that the council can really do.

The only ones that can do anything are RMPD and the D.A.


I can only hope that no matter the outcome that it is done expeditiously.


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ABOUT THE FELONY MURDER RULE:

The Felony Murder rule states that you can be charged with Murder even if the defendant is not the killer.

The defendant does not have to know ahead of time that a deadly weapon will be used or that his/her accomplice has a weapon.


Felony Murder Rule

The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer.


The defendant does not have to know ahead of time that a deadly weapon will be used or, in the case of a crime committed by more than one defendant, that one of his or her accomplices possesses a weapon. (explaining that whether the defendant knew that his co-conspirator had a gun “is irrelevant” so long as his co-conspirator killed the victim)


Felony murder in North Carolina. The felony murder rule in North Carolina is codified in G.S. 14-17(a).


That statute defines first-degree murder to include a homicide committed in the perpetration or attempted perpetration of any of the following felonies:


arson;

rape or a felony sex offense;

robbery;

kidnapping;

burglary; or

a felony committed or attempted with the use of a deadly weapon.


The appellate courts have upheld felony murder convictions predicated on the following felonies in the catch-all category:


discharging a firearm into an occupied vehicle or structure,

felony larceny,

felony breaking and entering

assault with a deadly weapon with intent to kill or with intent to inflict serious injury

felonious child abuse

drug trafficking


MORE INFO ON THE FELONY MURDER RULE HERE

https://www.justia.com/criminal/offenses/homicide/felony-murder/


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She also asked, “Where is the ‘stand your ground’ law at? Where is the justice?”

STAND YOUR GROUND LAW


In North Carolina, if the lawful occupant of a home, car or workplace holds a reasonable fear of imminent death or serious bodily harm to themself or another, they can use deadly defensive force only if the person, against whom the deadly force is used has unlawfully or forcibly entering the home, car, or workplace, or has already unlawfully and forcibly entered the home, car, or workplace, or has removed or is attempting to remove another person against their will from the home, car, or workplace. This deadly defensive force cannot be used against a law enforcement officer or bail bondsman who is lawfully acting in his/her official duties and have identified himself/herself as such.

HERE IS THE INFO ON STAND YOUR GROUND


STAND YOUR GROUND
.pdf
Download PDF • 138KB


From the story that Jone's mother it does not seem that the ones that were supposedly shooting were trying to get into the vehicle. So in essence the stand your ground law will not cover them.





Disclaimer:

Fighting Crime is NOT an attorney - this publication is to educate on the Felony Murder Rule and Stand your Ground Law.

Fighting Crime does not know the facts of the case, only what the mother has stated.

Please consult an attorney with any questions.






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