A gang member shot at a rival he blamed for killing his cousin. Both the shooter and his accomplice were convicted of the attempted murder of the target and an unharmed man who was attending a block party where the shooting occurred.
In a unanimous opinion written by Chief Justice Tani Cantil-Sakauye, the California Supreme Court overturned attempted murder convictions based on the so-called"kill zone theory." It has led to convictions in cases where the alleged victim was not targeted, but was nearby. Both the shooter and his accomplice were convicted of the attempted murder of the target and an unharmed man who was attending a block party where the shooting occurred.such “kill zone” prosecutions.
“The kill zone theory permits the jury to infer that the defendant harbored the requisite specific intent to kill the primary target and everyone within the zone of fatal harm,” Chief Justice Tani Cantil-Sakauye wrote for the court.In the future, the chief justice wrote, the theory should be used only when there is evidence that a defendant had a specific intent to kill not only the target but also “everyone within the zone of fatal harm.
The trial court gave a kill zone instruction to the jury on the attempted murder charge of Travion Bolden, a rival gang member who was with the target and who, like the target, was unharmed. During the last five years, voters have approved two measures to reduce criminal penalties, and the Legislature has adopted at least three similar laws.
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