Does a defendant who provided a gun and/or an accomplice with a deadly weapon need to be held responsible for the assault and murder of a victim?

California, United States of America


The following excerpt is from People v. Walker, D068683 (Cal. App. 2015):

defendant provided gun and had engaged in prior armed robbery with killer, who had previously locked employees in a walk-in freezer].) In People v. Smith (2005) 135 Cal.App.4th 914, while the defendant stood outside a motel room door as a lookout, the victim was "stabbed and slashed 27 times, beaten repeatedly in the face with a steam iron, and had her head slammed through the wall." (Id. at p. 927.) The actual killer "emerged from her room covered in enough blood to leave a trail" from the motel to the street. (Ibid.) Defendant showed a reckless indifference to human life where it could be inferred he "monitored and guarded the increasingly lengthy, loud, and violent attempted robbery-turned-murder," and then chose to flee rather than going to the victim's aid or summoning help. (Id. at p. 928.) In the cited cases, at the very least, defendants were aware that an accomplice was armed with a deadly weapon, and/or that lethal force was used, or that a victim had been seriously injured.

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