People v. Durham – California
Nature of the Case
This was an appeal from a conviction of first degree murder and life sentence.
Facts
Police stopped a suspicious car. Durham (D) got out and walked back toward the stopped police car. The passenger in the stopped car, Robinson, remained in the car. One of the officers asked Robinson to come out of the car and to the rear where Durham and the officer’s partner were standing. Robinson complied and when Officer Du Puis asked him to raise his hands to check for weapons, Robinson drew a gun and ordered the officers not to move. Officer Du Puis reached for his gun and was shot in the mouth. Officer Treutlein returned fire and shot Robinson. Treutlein took control of the situation and radioed for help. Durham was ordered not to move and Robinson raised his gun towards Officer Treutlein and fired a warning shot. Robinson put his gun down.
Durham was later found to have a knife in his coat pocket. Du Puis died eleven days later from the gunshot wound. At trial a considerable volume of evidence was entered regarding the joint activities of Durham and Robinson during the three preceding weeks. This evidence showed that both men were on parole. Robinson was subject to arrest for violation of parole, both men had robbed stores together in Ohio and Nebraska, and Robinson had used the same gun in both of those robberies.
At trial, the prosecution argued that Durham was a party in compact of criminal conduct that included forcible resistance and the use of deadly weapons. Durham appealed his conviction and imposition of a life sentence.
Issue
- Is an aider and abettor liable for the natural and probable consequences of his acts?
Holding and Rule of Law
- Yes. An aider and abettor is liable for the natural and probable consequences of his acts.
Durham was fully aware that Robinson had a gun and that he had exhibited it in prior crimes, and that he had actually fired it in the commission of other crimes. Durham and Robinson were engaged in a crime spree and were also engaged in the commission of a felony when they were stopped by the officers. Durham knew that Robinson was armed when he was asked to leave the car and knew that in the totality of the circumstances, Robinson’s act of forcible resistance was a natural and probable consequence of their course of action.
Disposition
Affirmed.