Its complisity. An its fucked up. Say you an a homeboy break into a house just to rob an your charge partner claims he does not have a gun an you sincerely believe he is telling the truth an bam out of nowhere he blows somebody's head off or your charge partner gets shot an killed you will be charged with a murder either way. Because you knowingly commited a crime that resulted in a death because of the crime that makes it as if you done the murders yourself, because if you didn't go through with the robbing the murders would never happened in the justice systems eyes. Its almost like your being punished for not being able to read minds or see into the future
Umm.. How about not even put yourself in that situation by NOT breaking into their house. Almost everyone carries a gun in their home nowadays and anything could happen. Especially if you know the justice system is fucked up.
@@loganjohnson2104 I had a coworker who's son is serving a life sentence since he was 16. He had a friend take him on a cab ride from Pennsylvania to new york, when they got there his friend just up and pulled a revolver, killed the can driver and robbed him. Ended up being some kind of gang related shit. The friend brought the kid with hoping to do some kinda 2 for 1 gang initiation and for his stupidity they're both serving life. It's fucked
I assume the kid who was killed made his own decision to go into that house. He wasn't forced by his friends. It doesn't make sense that they should be held responsible for his death when the kid made his own decision.
Sam Ferguson when you commit a crime especially a felony your 100% responsible for anything and everything that happens during that crime....so yes these "kids" are responsible for that "murder"
Hi_Klass KicksHawaii even so they were charged with the sentence of first or second degree murder. They should have been charged with voluntary manslaughter at the worst, which is a sentencing that in most states can only go up to 20 years.
It's called 2nd degree murder. It applies to these kids because someone died while they were in the comission of a crime. B&E is inherently dangerous because there's always the risk that an armed person is in the home. If that person fired that weapon in defense of self or property killing within his residence and the other kids admitted to the burglary then they will likely receive a 2nd degree murder charge. Especially in a state with "stand your ground laws" or "Castle Doctrine".
No. one of the boys got shot and killed because they all made the desicion to brake into someone's home and the homeowner defended himself and his home. The criminals fucked up and broke into a home they shouldn't have. I dont understand why people like to support the criminals but not the victim.
You say no buts its yes. The home owner shot and killed their friend and they are getting charged with murder because they should of foresaw danger. Stupid law its not like they forced the dude to come with them he chose to go rob the place. Its on you if you get shot it shouldn't be on your friends that fucked up.
Austin Binks That's like if you took your friend on a hike with you, then he slips and falls to his death but you get charged with murder because you should have "foreseen" danger. No one is prosecuting the victim of the crime, he damn well should have defended himself, shot them all even. We're saying that they are getting charged for a crime they did not commit and that's what's wrong. I don't think you or I would want to get charged for rape after mail fraud now, so why should they get charged for murder when they committed trespassing, break in and attempted robbery?
Austin Binks that’s exactly what the guy said, you’re so ignorant. Look at the law system. How could you actually think they deserve 60 yrs in prison for breaking into a house. What the hell is wrong with you.
That's good. Well sucks that one of them couldn't stay out of trouble, but glad the other three did well and were able to get out and I'm sure this experience will teach them not to try to rob anyone again.
Dynasty Pierce To be fair at the beginning the text said they thought the house was empty but yeah hopefully they’re more careful also I agree it stinks one of them couldn’t stay out of trouble
They all deserve the full sentence. If someone is killed in the commission of a felony, the offender is guilty of felony murder. They absolutely should have known that when breaking into someone's home, a person might be inside. Duh.
@@JessePorter - - LOL, you're either a troll, or a dumb sheep, most likely both. Why don't you do us all a favor, and put that Nazi Mauser (the one you're so proud of in the video on your channel) where the sun don't shine...
breaking and entering wouldn't get you more than 2+ years. they committed a home invasion which is a lot worse still shouldn't have been charged for murder. they should each do 5 years at the very most since someone still ended up dead also for how young they were
It’s a really dumb thing; federal murder. The basics of it is, if you are commuting a crime and your partner in crime dies as a result of doing said crime you can be charged with their death
I think there's a law somewhere saying that anyone participating in a forceful felony can be charged with the actions of the person(s) acting in self defense
They knew they were risking both their own and the home owner's life before they did it, and they did it anyways. I am totally fine with all of them facing these charges.
Darth Jesus they didn't cause his death-they all put their OWN lives on the line not their friends. If it is murder then they would've had the ability to stop the gun from shooting while breaking and entering which was the only choice they actually made.
The problem here is a simple problem, but it's a big problem; society needs a scapegoat. When someone dies, the justice system "NEEDS" to charge someone for that death, even if no one is really to blame. They weren't going to charge the homeowner, as it was self-defense. I agree with that. But to charge the other boys? That is just ridiculous.
Yeah, it only makes sense if the deceased person were cajoled or much younger than them and was impressionable. I asked myself what if the homeowner couldn't get a shot off and they grab his gun, shoot him in the stomach and run away - but the homeowner survived. That would be a worse crime in most people's minds, but they'd end up getting burglary and attempted murder charges instead.
Jeff K see? That is exactly what I'm talking about. Most ignorant people NEED someone to sacrifice. Someone to blame. Even though, by all reasonable definitions, these boys didn't 'kill' the kid. What they did was really stupid. But it wasn't MURDER.
Gage Westerhouse they were all breaking in together as a team they planned it and it backfired now their lives are ruined even if they decide not to charge them with murder it's still breaking and entering and assault with deadly weapons
Gage Westerhouse but he wouldn't have died if the other boys hadn't made the freaking choice to break into other people's house. True they might be scrapegoat but they are also the majority of the blame
I am so confused.. The us justice system gives me anxiety. For real, its a fear of mine to get totally fucked by the system because it happens so often.
Basically the law is saying if they had never broken into the house. The teen wouldn't have been killed. The teen was killed because not only his actions but the actions of the others which in law terms makes you an accessory to murder. In other states it's just manslaughter. In which a person is accidentally killed. But in the state they live in they say capital murder.
666 Each state has their on different rules and regulations. On how they choose to handle things. In Texas we have the death penalty for crimes like this. They got off lucky. Compared to what other states with stricter and harsher punishments have. In Texas you would have been an accessory to murder. Basically even though you didn't kill him and didn't even imagine doing it. You where a main cause of his death that would have been prevented. If they hadn't been doing something illegal.
Xander Christensen The bloodlust apparent in this comment is troubling. You are aware they didn't kill anyone right? Are you really saying they deserve death for breaking into someone's house when they're teenagers?
pureLSD I mean yes. what happens when you corner an animal in its den? not good things happen. entering someone else's home can only be seen as a direct attack on that person safety and property. if you think it's ok to break into someone's house then I have no sympathy when you take a bullet.
Horacio Ulloa They would have shot back, but only after the homeowner had shot at them. And sure they ran, but also only after the homeowner shot. Therefore he couldn't have known whether or not they had a firearm.
@@mattthedestroyer2804 That's what I was meaning! If you try to talk to the law they start claiming you are trying to obstruct justice, so you don't have freedom of speech as they will get you some way for it.
@@mattthedestroyer2804 No, America does not have true Freedom of Speech. Can you dress up as the Columbine School shooters (minus the replica fire-arms) and go to a school-planned Halloween event without getting suspended? I can do that in communist China without repercussions but not in America for some reason? www.usatoday.com/story/news/nation-now/2018/11/02/two-kentucky-students-suspended-columbine-shooters-costume/1860371002/
I'm in complete shock right now! I had no idea someone could be charged with murder if they commit a felony that results in a death, even if it's another person committing the crime with them!
+Katie Budd its called the felony murder law and its serious. If in the commission of a felony ANYONE gets killed by anyone else then ALL the perpetrators are guilty of felony murder. There are reasons behind the law and it is a good law.The issue here was for the judge in sentencing and its up to the judge to apply the law fairly. The law was actually made for robbery gangs but applies to any felony. In this case we don't know the actual details as we are only hearing their side of it. For all we know they could have been perfect little assholes on a crime spree. Sorry but I have to go with what the judge decided was right, he had all the details when he passed sentence on them. Its a law to make sure the planners of robberies that resulted in deaths were also held accountable even if they just let the others take the risks and its a good law. Otherwise you can have a dominant personalty talk others, say young people, into pulling a violent robbery and they just wait outside or at home and then when people are killed they could just claim, "Well I didn't shoot anyone."
their dumb decision took their friend's entire life, forget their 3 yrs. they get to wake up, they get to live. maybe later they get out early but trading 1 life for 9 yrs... man thats rough.
Ruben Vega it was his own choice. No one forced him to do it. If you’re dumb enough to rob a house what ever happens to you in it is your fault. But his friends shouldn’t get done for murder. It’s completely illogical
a person did not die because of the actions of literal kids. they simply broke into a house, expecting it to be empty. the person who died was killed by the homeowner, who pulled the trigger. it was the actions of the homeowner that took the life of the boy.
They did nothing violent other than rolling 5 deep into a home. No matter what thats gonna seem violent, but they didnt attack the man or anything.. why would 50 years be reasonable. Its idiotic. Charging people in such a way to "set an example". OUR LAW IS THE EXAMPLE. maybe if the people doing the REAL bad shit in the tops of our economies got arrested for the beyond fucked up shit they do themselves and fund others to do as well, then maybe our kids wouldnt be doing these things
Michelle Rekuc this is SO WRONG on so many levels. punish them,Yes. breaking & entering. they lost a friend!! what is the point of punishing them worse than that!! it's just WRONG!
They lost a friend when they broke into a house, it is a little strict but I can understand this, they got their friend killed doing something really strict.
They shouldn't be charged for the murder of their friend, their friend new they could die by breaking and entering so they shouldn't be liable for what happened to their friend
yea they never stopped themselves you mean, were they supposed to force their friend to run away(before the shooting and everything) even tho a group of you agreed to do something. that doesn't make any sense, like someone else said: "yes, put rounds into them.. but the ones who live and get away should not be charged with your killing, that's insane.. Also how can they be charged with murdering their friend when they ALL agreed to take the risk, they didn't force eachother into that situation.. anyone of them could have been killed, I know if I was in that situation and the home owner killed me I wouldn't want my friends charged with murder for the actions we all took."
that's fucked up yea ik they shouldn't fucken brake into a house but they are younge and they made a mistake but they shouldn't be charged with murder if the home owner shot em that makes no sense to me
When you ALL chose to break into someone else's property, you ALL were responsible for each other. IF you had NOT broke into SOMEONES ELSE'S PROPERTY your friend would most likely not be dead!! You are where you deserve to be!! Maybe we would have less crime if this kind of example were set more often!! I do feel bad for his family tho :(
Felony murder is pretty unjust too, but isn't that when the offender kills while committing a felony, not just when a felony happens to result in death? If you break into a house with someone and then they have a heart attack and die is that murder?
No, a death that occurs during the commission of a felony is felony murder. Depending on the state it can reach very broadly, and that broadness in this case would be him being liable for the death of his accomplice. I'm no expert on the law and I don't know if someone could be liable for a person dying of a heart attack, but I would assume if the heart attack was a result of your felony then some sort of responsibility would apply.
@@jessicaz2073 I was a fresh-faced 19 year old when that came out, the movie was dope. In fact the very first DVD i ever watched was that movie. It was parodying 80s and 90s teen movies, but now is quite old in itself i guess. Glad someone recognised the reference.
@@samwalsh8299 Many more reasons: Trying to survive, because they are addicted to drugs and need money, because that is the only lifestyle they ever got to know, because they grew up in a bad neighborhood, and so on and so forth. The US has the social standards of a third world country. Before we judge criminals, we should ask ourselves why did they become criminals in the first place. With that being said, i am completely on your side. In fact many Americans did stuff like that when they were young, especially Americans who are now in their 50s, 60s, 70s and 80s. They did all kinds of illegal and borderline criminal stuff. They did dares like this, but nobody had to be afraid of getting shot and killed.
goddamit are you people serious? your logic is, if youre old enough to know right from wrong, then whatever law you broke, it doesn't matter if they charge with one that's 10 times worse and spend your whole life in jail...stubborn ass commenters with no morals
that is not important part, but to be charged for the killing they had nothing to do with, which someone else commited, who in turn haven't been charged on anything. I thought that United States prevailed over Confederacy. guess I was misinformed.
manslaughter would be the appropriate charge, im no judge lol. but these two kids near me around 6-7 years ago ran over some guys head after stealing some drugs from him without paying, the kid died and the driver got charged with premeditated manslaughter, the other guy in the car got a slightly lesser charge but he still went to jail for around 5 years.
"Officer I was only driving drunk when we crashed, I should only get charge with DUI not manslaughter for the 2 passenger in the other car" sounds like many don't know the laws.
I can understand if one of them killed the home owner in the process of the robbery and they get charged with murder but for them to get charged with murder because one of them got killed by the homeowner is absolutely sickening. They all made the conscious decision to break into that house so I believe they are all responsible for their own actions and the consequences of their actions
If they had not broke in, his friends would not have been killed. You risk your life breaking into someone's house, it's not a prank, it's not "we just wanted money" it's murder. You murdered your friend and your friend commited suicide. You could have applied for a job digging ditches to get money.
I think in certain situations that law is fitting and should be enforced. Not this case. Yes, they broke laws, made really stupid choices and should absolutely be held accountable for what they did. But this is (one of) the problem with our justice system. Too many people are incarcerated when they shouldn't be, or get sentences that are far beyond a reasonable amount of time. We throw people away in prison and aren't rehabilitating. I wish that could have happened for these boys. Putting them away for 5 decades will do more damage to them than it will teach them a lesson or make them understand their poor decision making. Then we wonder why so many people end up back in jail. These are the type of kids who seem to have real potential of making better choices and being a contributing member of society. We need a justice system that actually works and benefits those inside and those in the community. Hell yes they were stupid and screwed up, a punishment is deserved. This punishment is just so morally wrong. Its shameful that it's 2016 and we have come so little in figuring out better ways to deal with people. All of it is doing way more harm than good for all of us.
Well if it were up to me they’d be on death row because there are too many people alive today and they committed a crime similar enough to murder. Get the lethal injection drugs ready!
LET ME EXPLAIN THIS 2 U .. IF U ROB A BANK AN THE GUARD TAKE OUT HIS GUN AN SHOOT HIMSELF AN DIES... U R THE BLAME BECAUSE IF U DIDN'T GO N THERE HE WOULD NOT SHOT HIMSELF... UNDERSTAND...
No, we can't let the inmates run the asylum. Actions have consequences, and I stand by the decision of the prosecutor, this is how felony crimes need to be handled. They are responsible for his death, they were part of a gang, and initiated a gang level felony, and conspiracy to commit breaking and entering, burglary, and armed robbery. The fact that their buddy was shot by the home owner, the death is on their hands. For if they did not go along, or one of them issued resistance, perhaps they would have all changed their mind. Too bad they were released, I will pray for them, but I fear this lot is full of bad seed. They belong in prison.
I think part of this is down to the guilt by association premise. There has to be some sort of price to pay when you act as a group for the positive or negative outcome that the group produces. If you dont want to be part of the collective, dont join the group.
djblanton Im not saying people shouldn’t be held accountable for their actions, By all means they should, But to charge someone with murder for which they did not commit is not right, at least my eyes.
@@chrism.4600 I get your point. The whole thing stinks. Breaking into a home, getting involved in a shooting, the poor homeowner that has to live with himself, etc etc ... There are no winners anywhere in this mess. I appreciate you commenting back. Thanks for the constructive back and forth on this. Have a safe rest of your week.
Christen’s Craziness in Indiana criminal code book even selling or distribution of a aids test that's not fda approved is homicide. ( Kind of a stupid law)
@Kurt RustleYou can't suspect anyone of doing something without evidence in court, you can't prove it would've resulted in death. But if they killed while breaking in charge em with both. But other than that unless you actually don't harm someone while breaking you don't deserve that long of sentence. In my eyes murdering someone is much worse than breaking in. Let's just agree to disagree on this one.
@Kurt Rustle You can't charge em for a crime they haven't committed, sure they could've but charging them with another crime would be immortal. Yes they broke into a home, but if they didn't kill there should be no murder charge. We won't see eye to eye in this, that's okay let's just move on now.
One of the Main reasons for the FELONY MURDER law/statute was for the following. (To be clear I believe this law was NOT applied properly in the Elkheart case and below are examples to how and when it should be applied). Lets say 2 armed guys rob a Home, the HOME Owner is shot and killed. However they cannot prove which of the 2 fired the weapon that killed him. The new Law would let them charge BOTH men with the same crime, not requiring them to prove which one fired that bullet or even that they INTENDED to kill him. OR A woman is forced into a car by a gunman. The woman attempts to flee by jumping out of the Vehicle while it's driving down the road and is hit and killed by a car. Before the most they could charge the man with was Forcible Confinement and/or Kidnapping as HE didn't actually kill her. The Felony Murder law however lets you convict him without having to prove INTENT! as you should have forseen she might try to escape. This law was never intended to apply to the intended victim killing one of the perps and the other perps getting charged with the death. Please keep in mind in the Elkhart case that the 21 year old that died was the oldest, the others were 16,16,17and 18, and therefore the only ADULT involved. IT could be said that the one most responsible for his death has already payed the ultimate price.
@3:40 he says “I couldn’t have stopped it”...but he’s wrong. The moment they broke in to that house, they are all responsible for what occurred due to their decision. I don’t agree with 50+ yrs in prison, but ultimately the blood of their deceased friend is on their hands. The homeowner was obviously within his right to defend his home.
@@tlotpwist3417 stealing money from a supermarket didn't result in someone being raped or tortured. Them breaking into somebody's house resulted in somebody dying. Who would you like to see get punished for the death the homeowner? None of this would have happened if they've just would have went to school that day...
Michael Bottjer NO ONE should be punished for the death. That’s how self defense works. The person who committed the killing simply doesn’t get punished. Nobody else gets punished in their place.
Laws are not equal Breaking the law does not mean you deserve life in prison Only the most severe of crimes should They committed a burglary They should be punished for the crime they committed and no others What is it with all these simplistic views on here
Any felony crime that ends in the death of anyone IS and WILL be charged with murder. It's not that society needs a scapegoat, they are directly responsible for his death and have to be held responsible. Their actions directly led to his death, if they had not done this, he would be alive and this wouldn't be talked about. It's called criminal culpability.
I actually agree with this law. If you initiate a crime you are responsible for everything that happens as a result. The home owner did not decide to randomly shoot someone, they reacted to your decision to invade their home. If you hadnt decided to invade that home your friend would still be alive. If your reckless actions cause a death of someone, that is murder.
No. Murder is killing somebody on purpose with malice intent. There was absolutely no malice intent or purpose by either in this case. By this logic, every accidental death by another person is murder. It is nonsense.
Breaking and entering a random person's home in a country where there's a right to own a firearm, and the resident doesn't see any difference between you and the boogie man during these encounters. That job at McDonald's doesn't seem so bad now does it?
@@Jeremy-sq2dj then push to change the law if that's what you think.....Lots of people in prison because they went along on a robbery and didn't plan on anyone being hurt but shit went wrong. Its nothing new. no one would have got hurt if they didn't break the law.
When they committed the felony. They were responsible for everything that happened during the commision of the felony. That's the way it is and should be.
still, it is sad. Looking from their perspective and considering juvenile behaviour, they would have never imagined this situation. Giving them some years to repent was enough. But taking a major chunk out of their lives is definitely too much.
They was charged with murder of Danzele Johnson because the owner of the home was legally justified in the shooting because it’s 5 of them they could have beat the man down seriously injuring him or killing him and they were in his home. The jury said we need to charge someone with that death it was only them that caused that death.
So, you "couldn't have foreseen the danger"? You actually believe that if you break into someone's home they do not have the right to defend themselves and shoot you? Have you ever heard of the 2nd Amendment? You break into anyone's homes there is a chance they are going to shoot you dead. If you couldn't foresee the danger then you do not live in reality. "There was no way that we could have prevented it from happening". Yes, there was, Don't break into anyone's home and you don't get shot. It was easy to prevent, yet you chose not to. You decided that stealing their things was more important, so live with the consequences now.
While I definitely believe the home owner was well within his rights to protect himself by shooting at the intruders I do not think that those four individuals should be charged with murder. It's ridiculous. But the government always wins.
its the same as setting someone up. I wouldn't ask questions if 5 ppl are breaking in my house, Id like to see how fast they can break out of it with this .44 passing by them
My dad got murdered, a man came to his home and stabbed him to death and the guy was out in 9 years, he got a mere 20 years for intentionally coming to my fathers home, stabbing him 7 times in the chest and leaving the scene, ditching the outer set of clothing he had on and the murder weapon and the guy got 20 years and only did 9 friggin years so how does that work that these boys get 50-60 years and they didn't even pull the trigger?? Indiana is where I live and this state has the most ridiculous logic or lack of I should say! Stupid ass prosecutors and jurors it's all ridiculous !!! The guy that murdered my dad shoulda gotten the 60 years not these kids!
Yep. One thought he could get away with criminal behavior because he was a minor. The one that fired the gun was acting in self-defense. That is not murder. The fools need to learn the difference between the words "murder" and "killing". Murder is unjustified killing. These fools were charged because rather than talk the others out of committing the crime, or at least choosing to not participate in the crime and not reporting the crime, most likely because they thought juveniles would just get off easy. I see signs they still don't get it.
+Joe Wilson The owner has the right of self defence. The moment they caused a break in is the moment the owner has the right of self defence. Why you would side with criminals is really strange.
Pokémon... ??? Only if the cop sent innocent people to jail by lying, committing perjury, writing false statements, etc... You do know there are thousands of innocent people in jail because of lying cops, prosecutors and judges? I plan on donating funds to the Michigan innocence project. Check it out.
this is usually used for the event of an innocent being killed. the common example is: you pull a gun, the victim has a heart attack and dies = felony murder. I don't agree with this case. it is an overzealous prosecutor
+Front Lines Radio Their actions caused the death of somebody and risked the lives of everybody in that building including the occupants. Could you imagine if a young seven year old child walked into the middle of that. It is alright saying they would not do anything but that is what they are saying after the events took place. Anybody willing to break into a persons home and invade their private space is capable of anything. There has been countless cases of gang rapes with breaking and entering crimes. The home owner has all of that going through their head as it plays out.
The case was turned over in 2016 and all were released but 1 who had caused truble while in prison...The issue I see is that the legal system is so bad in many cases the only way to get it to retract their known wrongs is to publish it and protest when in the forst place the people we elect should have prevented this stuff from being possible...The govoner and judge in this case should do time to set a precedence that if the citizens you are supose to serve are wronged on your watch by that which you are supose to govern/ judge you will pay.
The title is wrong. The law, that was already on the books, was upheld. They belong in jail for murder. Stupid to think otherwise. Those guys know to read, correct? They didn't learn how to be effective criminals and they should have. Especially if you plan on doing it.
they must have had a terrible lawyer
Nope. If someone in your company dies during the commission of a felony you are legally responsible for their death.
@@angusburrito except it was overturned as it should have been....
Its complisity. An its fucked up. Say you an a homeboy break into a house just to rob an your charge partner claims he does not have a gun an you sincerely believe he is telling the truth an bam out of nowhere he blows somebody's head off or your charge partner gets shot an killed you will be charged with a murder either way. Because you knowingly commited a crime that resulted in a death because of the crime that makes it as if you done the murders yourself, because if you didn't go through with the robbing the murders would never happened in the justice systems eyes. Its almost like your being punished for not being able to read minds or see into the future
Umm.. How about not even put yourself in that situation by NOT breaking into their house. Almost everyone carries a gun in their home nowadays and anything could happen. Especially if you know the justice system is fucked up.
@@loganjohnson2104 I had a coworker who's son is serving a life sentence since he was 16. He had a friend take him on a cab ride from Pennsylvania to new york, when they got there his friend just up and pulled a revolver, killed the can driver and robbed him.
Ended up being some kind of gang related shit. The friend brought the kid with hoping to do some kinda 2 for 1 gang initiation and for his stupidity they're both serving life.
It's fucked
I assume the kid who was killed made his own decision to go into that house. He wasn't forced by his friends. It doesn't make sense that they should be held responsible for his death when the kid made his own decision.
Sam Ferguson They all co-conspired to do it. All culpable
Are you serious? This sentence is fitting.
Sam Ferguson when you commit a crime especially a felony your 100% responsible for anything and everything that happens during that crime....so yes these "kids" are responsible for that "murder"
Hi_Klass KicksHawaii even so they were charged with the sentence of first or second degree murder. They should have been charged with voluntary manslaughter at the worst, which is a sentencing that in most states can only go up to 20 years.
PossiblyNamedToby yeah I can see how voluntary manslaughter by definition would fit but because it was during a felony crime it becomes murder
These kids shouldn't be charged with murder, they should just be charged with breaking and entering and theft.
Shrap Nelface if they hadn't broken in and instead followed the law then there stupid mate wouldn't be dead, hence they are responsible.
There a charge for murder because their own friends got killed for their own actions..
Sounds like justice was served to me..
it called felony murder
my view they should be held responsible for the crime they committed you fucko
Ok well they deserve going to jail but not for 50-60 years like wtf
Agreed.
It got overturned
@@youngcitybandit TOO BAD
@@fjjurroo55 too bad for what? they were let go which is a good thing
@@youngcitybandit Lol
They deserve jail, but not for murder.
They do I was there fault
Jesse Herbert you were there dummy
Jesse Herbert no it’s not that guy new the risk of breaking into that with them the guy that died it’s his fault he broke into the house
Jesse Herbert *it
It's called 2nd degree murder. It applies to these kids because someone died while they were in the comission of a crime. B&E is inherently dangerous because there's always the risk that an armed person is in the home. If that person fired that weapon in defense of self or property killing within his residence and the other kids admitted to the burglary then they will likely receive a 2nd degree murder charge. Especially in a state with "stand your ground laws" or "Castle Doctrine".
wait....so one of their boys got shot and killed and they all get muder for the home owner killing their friend?
No. one of the boys got shot and killed because they all made the desicion to brake into someone's home and the homeowner defended himself and his home. The criminals fucked up and broke into a home they shouldn't have. I dont understand why people like to support the criminals but not the victim.
You say no buts its yes. The home owner shot and killed their friend and they are getting charged with murder because they should of foresaw danger. Stupid law its not like they forced the dude to come with them he chose to go rob the place. Its on you if you get shot it shouldn't be on your friends that fucked up.
Austin Binks That's like if you took your friend on a hike with you, then he slips and falls to his death but you get charged with murder because you should have "foreseen" danger. No one is prosecuting the victim of the crime, he damn well should have defended himself, shot them all even. We're saying that they are getting charged for a crime they did not commit and that's what's wrong. I don't think you or I would want to get charged for rape after mail fraud now, so why should they get charged for murder when they committed trespassing, break in and attempted robbery?
Austin Binks that’s exactly what the guy said, you’re so ignorant. Look at the law system. How could you actually think they deserve 60 yrs in prison for breaking into a house. What the hell is wrong with you.
Austin Binks your so stupid they basically got life in Prison for breaking into a house
It was overturned in 2016. They all got out except one, because he didn’t stay out of trouble in prison.
That's good. Well sucks that one of them couldn't stay out of trouble, but glad the other three did well and were able to get out and I'm sure this experience will teach them not to try to rob anyone again.
Dynasty Pierce To be fair at the beginning the text said they thought the house was empty but yeah hopefully they’re more careful also I agree it stinks one of them couldn’t stay out of trouble
They all deserve the full sentence. If someone is killed in the commission of a felony, the offender is guilty of felony murder. They absolutely should have known that when breaking into someone's home, a person might be inside. Duh.
Jesse Porter nigga how they deserve full sentence if they didn’t even kill no one. You is dumbass stupid
@@JessePorter - - LOL, you're either a troll, or a dumb sheep, most likely both. Why don't you do us all a favor, and put that Nazi Mauser (the one you're so proud of in the video on your channel) where the sun don't shine...
“I couldn’t have stopped it” - You could have, by not breaking in.
3 years would be just fine, not 55
alex c 1 year would be just fine
Shocking Ember No one is going to only get a year for breaking and entering. They'd be lucky to only get three years.
John Dunbar but they are all out already
breaking and entering wouldn't get you more than 2+ years. they committed a home invasion which is a lot worse still shouldn't have been charged for murder. they should each do 5 years at the very most since someone still ended up dead also for how young they were
TheGamingChamp3 that's all they did was 5
Even involuntary manslaughter is a reach but murder wtf
It’s a really dumb thing; federal murder. The basics of it is, if you are commuting a crime and your partner in crime dies as a result of doing said crime you can be charged with their death
I think there's a law somewhere saying that anyone participating in a forceful felony can be charged with the actions of the person(s) acting in self defense
Well they caused a murder to happen.... murder seems like a normal charge.
They knew they were risking both their own and the home owner's life before they did it, and they did it anyways. I am totally fine with all of them facing these charges.
Darth Jesus they didn't cause his death-they all put their OWN lives on the line not their friends. If it is murder then they would've had the ability to stop the gun from shooting while breaking and entering which was the only choice they actually made.
The problem here is a simple problem, but it's a big problem; society needs a scapegoat. When someone dies, the justice system "NEEDS" to charge someone for that death, even if no one is really to blame. They weren't going to charge the homeowner, as it was self-defense. I agree with that. But to charge the other boys? That is just ridiculous.
Yeah, it only makes sense if the deceased person were cajoled or much younger than them and was impressionable. I asked myself what if the homeowner couldn't get a shot off and they grab his gun, shoot him in the stomach and run away - but the homeowner survived. That would be a worse crime in most people's minds, but they'd end up getting burglary and attempted murder charges instead.
Jeff K see? That is exactly what I'm talking about. Most ignorant people NEED someone to sacrifice. Someone to blame. Even though, by all reasonable definitions, these boys didn't 'kill' the kid. What they did was really stupid. But it wasn't MURDER.
Gage Westerhouse they were all breaking in together as a team they planned it and it backfired now their lives are ruined even if they decide not to charge them with murder it's still breaking and entering and assault with deadly weapons
Gage Westerhouse but he wouldn't have died if the other boys hadn't made the freaking choice to break into other people's house. True they might be scrapegoat but they are also the majority of the blame
TREX LEX yeah but not for murder. Charge them for breaking and entering
these two kids are real smart telling us how the law needs to be written.
I am so confused.. The us justice system gives me anxiety. For real, its a fear of mine to get totally fucked by the system because it happens so often.
same
Savanna Erjavec Glad i dont live in the us
Basically the law is saying if they had never broken into the house. The teen wouldn't have been killed. The teen was killed because not only his actions but the actions of the others which in law terms makes you an accessory to murder. In other states it's just manslaughter. In which a person is accidentally killed. But in the state they live in they say capital murder.
666 That only applies in their state.
666 Each state has their on different rules and regulations. On how they choose to handle things. In Texas we have the death penalty for crimes like this. They got off lucky. Compared to what other states with stricter and harsher punishments have. In Texas you would have been an accessory to murder. Basically even though you didn't kill him and didn't even imagine doing it. You where a main cause of his death that would have been prevented. If they hadn't been doing something illegal.
This is absolutely ridiculous
frogs are lit haha good one! Definitely gonna have to head to the burn unit after that zinger
BeanerJose
You’re right. It’s ridiculous that they broke into someone’s home and got their friend killed
Rodonkulos
Xander Christensen The bloodlust apparent in this comment is troubling. You are aware they didn't kill anyone right? Are you really saying they deserve death for breaking into someone's house when they're teenagers?
pureLSD I mean yes. what happens when you corner an animal in its den? not good things happen. entering someone else's home can only be seen as a direct attack on that person safety and property. if you think it's ok to break into someone's house then I have no sympathy when you take a bullet.
Well you did break in but I agree they should not be charged with murder....but neither should the home owner, all he did was use self defense
Sean _reviews Agreed. Nobody gets charged with murder. The dead guy did it to himself, really.
I think they should be charged with murder because you don’t HAVE to shoot and kill him, he chose to.
How can you be so sure the homeowner knew they didn't have weapons?
Horacio Ulloa They would have shot back, but only after the homeowner had shot at them. And sure they ran, but also only after the homeowner shot. Therefore he couldn't have known whether or not they had a firearm.
Horacio Ulloa what do you mean?
Nobody:
American Legal System: Man sentenced to 20 years for petting strangers dog
I love it when Americans shout Land of the Free. That is probably the biggest lie ever told to Americans.
@@CastilloDelDiablo The only thing were completely free in is freedom of speech. 99% of countries have restricted speech or hate speech lawa
@@mattthedestroyer2804 That's what I was meaning! If you try to talk to the law they start claiming you are trying to obstruct justice, so you don't have freedom of speech as they will get you some way for it.
@@mattthedestroyer2804 No, America does not have true Freedom of Speech. Can you dress up as the Columbine School shooters (minus the replica fire-arms) and go to a school-planned Halloween event without getting suspended? I can do that in communist China without repercussions but not in America for some reason? www.usatoday.com/story/news/nation-now/2018/11/02/two-kentucky-students-suspended-columbine-shooters-costume/1860371002/
@@notlessorequal3777 hes not getting arrested, school can do whatever they want
murder? why, they didn't kill anyone!
the 4 engaged in a criminal act that resulted in a death
+lord cameron yeah ,but thats not murder. its only murder according to a law in old england that has since been abolished due to being immoral
+Flashyfinancier well according to where they are from it is murder
+lord cameron then they live in a fucked up place that has close to 17 trillion in GDP
I get the whole criminal activity thing, but shouldn't this be in its own category?
I'm in complete shock right now! I had no idea someone could be charged with murder if they commit a felony that results in a death, even if it's another person committing the crime with them!
Ikr
+Katie Budd Its of the utmost importance to choose your friends wisely. This takes place all of the time.
+Katie Budd
its called the felony murder law and its serious. If in the commission of a felony ANYONE gets killed by anyone else then ALL the perpetrators are guilty of felony murder. There are reasons behind the law and it is a good law.The issue here was for the judge in sentencing and its up to the judge to apply the law fairly. The law was actually made for robbery gangs but applies to any felony. In this case we don't know the actual details as we are only hearing their side of it. For all we know they could have been perfect little assholes on a crime spree. Sorry but I have to go with what the judge decided was right, he had all the details when he passed sentence on them.
Its a law to make sure the planners of robberies that resulted in deaths were also held accountable even if they just let the others take the risks and its a good law. Otherwise you can have a dominant personalty talk others, say young people, into pulling a violent robbery and they just wait outside or at home and then when people are killed they could just claim, "Well I didn't shoot anyone."
+Katie Budd they were found not guilty and released in january 2016 I looked up their names
+Rocket Boy they were found not guilty and released in january 2016 I looked up their names
55 years has pretty much taken away their entire lives! 3 years would’ve taught them to never do it again, this is terrible...
their dumb decision took their friend's entire life, forget their 3 yrs. they get to wake up, they get to live. maybe later they get out early but trading 1 life for 9 yrs... man thats rough.
Ruben Vega it was his own choice. No one forced him to do it. If you’re dumb enough to rob a house what ever happens to you in it is your fault. But his friends shouldn’t get done for murder. It’s completely illogical
they all were released
Aidik link to your source?
th-cam.com/video/qigpWNm-Dbo/w-d-xo.html there, and at the end the rest were released aswell.
My Mother my Great Grandmother my Aunts taught us when we were young "TROUBLE IS EASY TO GET INTO, BUT IT'S HARD TO GET OUT"!!!!!!!!!
A person died because of their actions. Should have been a manslaughter charge though, not 55 years.
a person did not die because of the actions of literal kids. they simply broke into a house, expecting it to be empty. the person who died was killed by the homeowner, who pulled the trigger. it was the actions of the homeowner that took the life of the boy.
frogs are lit it was his right to kill them all
frogs are lit they could’ve never robbed the house in the first place
frogs are lit how can you blame the guy, when they are the ones that broke in..
kids do stupid shit, its to be expected. the guy should've never shot unarmed kids in the first place
honestly this is wrong, while they should be charged for unarmed burgualy, really you have to charge them with there friends death?
They did nothing violent other than rolling 5 deep into a home. No matter what thats gonna seem violent, but they didnt attack the man or anything.. why would 50 years be reasonable. Its idiotic. Charging people in such a way to "set an example". OUR LAW IS THE EXAMPLE. maybe if the people doing the REAL bad shit in the tops of our economies got arrested for the beyond fucked up shit they do themselves and fund others to do as well, then maybe our kids wouldnt be doing these things
Michelle Rekuc this is SO WRONG on so many levels. punish them,Yes. breaking & entering. they lost a friend!! what is the point of punishing them worse than that!! it's just WRONG!
Michelle Rekuc I hate that they don’t seem to show remorse...
They lost a friend when they broke into a house, it is a little strict but I can understand this, they got their friend killed doing something really strict.
Michelle Rekuc im so confused? what
The judgements were overturned, they have all been or are about to be released.
Robert Tinsley sad
Good.
Robert Tinsley Good. 50 years for a crime you didn't commit is just ridiculous.
That seems closer to justice. The dead kid died by his own bad judgement.
Robert Tinsley thank god. They made a big mistake and One of their friends dies. I hope they learn from this mistake.
Interesting how these young men see things through their eyes. Too bad their parents didn't explain life choices a bit more.
They shouldn't be charged for the murder of their friend, their friend new they could die by breaking and entering so they shouldn't be liable for what happened to their friend
Shadi Nachat they went along with it and they never stopped their friend so yes they enabled it to happen.
Shadi Nachat says an intelligent person. This is America!
yea they never stopped themselves you mean, were they supposed to force their friend to run away(before the shooting and everything) even tho a group of you agreed to do something. that doesn't make any sense,
like someone else said:
"yes, put rounds into them.. but the ones who live and get away should not be charged with your killing, that's insane.. Also how can they be charged with murdering their friend when they ALL agreed to take the risk, they didn't force eachother into that situation.. anyone of them could have been killed, I know if I was in that situation and the home owner killed me I wouldn't want my friends charged with murder for the actions we all took."
snider my exact thoughts
True, I was thinking that to.
that's fucked up yea ik they shouldn't fucken brake into a house but they are younge and they made a mistake but they shouldn't be charged with murder if the home owner shot em that makes no sense to me
So they're getting out?
The home owner has a right to defend his property. He didn't know they were 16 and unarmed.
+dujuan ware tell you're "cuz" that breaking into someone's home in no small thing and the homeowner had every right to defend himself and his home.
+trk alldaway yea, the authoritys are being jack asses
+dujuan ware faceass
When you ALL chose to break into someone else's property, you ALL were responsible for each other. IF you had NOT broke into SOMEONES ELSE'S PROPERTY your friend would most likely not be dead!! You are where you deserve to be!! Maybe we would have less crime if this kind of example were set more often!! I do feel bad for his family tho :(
This kind of example is set all the time: weve still got plenty of crime
It’s the craziest thing. Every time I don’t break into someone else’s home I don’t go to jail.
WTF kind of lawyers did you have. This was an absurd breach of justice. Murder is premeditated killing. At worst you could argue for manslaughter.
It's a felony murder. Any death during the commission of a felony is first degree murder
Felony murder is pretty unjust too, but isn't that when the offender kills while committing a felony, not just when a felony happens to result in death? If you break into a house with someone and then they have a heart attack and die is that murder?
No, a death that occurs during the commission of a felony is felony murder. Depending on the state it can reach very broadly, and that broadness in this case would be him being liable for the death of his accomplice. I'm no expert on the law and I don't know if someone could be liable for a person dying of a heart attack, but I would assume if the heart attack was a result of your felony then some sort of responsibility would apply.
Thats absurd.
Rachel Rogers the lawyers were all paid WAYYYYYYY to much just for em to get fucked but they got it turned and they are all free now
It’s simple really.
The black guy ALWAYS dies first
He's just the token black guy... he only says things like DAMN! SHIT! and THAT'S WHACK!
there was no "the" black guy three of them were black
tqsuited damn not another teen movie reference lol
@@jessicaz2073 I was a fresh-faced 19 year old when that came out, the movie was dope. In fact the very first DVD i ever watched was that movie. It was parodying 80s and 90s teen movies, but now is quite old in itself i guess. Glad someone recognised the reference.
Higher contrast in daylight. Easier target.
Simple tip : don’t break into houses
@EY 19 simple fact : Justice system is broken.
Simple question: Why do people break into houses?
@bomber9912 because they’re young and stupid, maybe drunk. You shouldn’t get life in jail for being young.
@@samwalsh8299 Many more reasons: Trying to survive, because they are addicted to drugs and need money, because that is the only lifestyle they ever got to know, because they grew up in a bad neighborhood, and so on and so forth. The US has the social standards of a third world country. Before we judge criminals, we should ask ourselves why did they become criminals in the first place. With that being said, i am completely on your side. In fact many Americans did stuff like that when they were young, especially Americans who are now in their 50s, 60s, 70s and 80s. They did all kinds of illegal and borderline criminal stuff. They did dares like this, but nobody had to be afraid of getting shot and killed.
@bomber9912 I only stated the most probable and innocent reasons that are most likely to occur to motivate people to break in to houses.
Commit a crime and you will pay for everything that comes from that crime. A man died during your crime, you get to pay for that man's death.
Only in America..
adrian parrish yeah.... That's true
adrian parrish Actually shut up
Dulin D Dude calm down... You know its true, especially seeing you had no valid point that says otherwise
adrian parrish I don't understand
Dulin D www.theonion.com/no-way-to-prevent-this-says-only-nation-where-this-r-1819576527/amp
They were kids, not defending them but 55 years damn..
goddamit are you people serious? your logic is, if youre old enough to know right from wrong, then whatever law you broke, it doesn't matter if they charge with one that's 10 times worse and spend your whole life in jail...stubborn ass commenters with no morals
oh kay I gotcha lol
that is not important part, but to be charged for the killing they had nothing to do with, which someone else commited, who in turn haven't been charged on anything.
I thought that United States prevailed over Confederacy. guess I was misinformed.
@Mr Annoyed according to the law
@@dragonknight1297 "a killing they had nothing to do with".
They *caused* it. No one would have died if they didn't commit felony robbery.
16 years old and 60 years in prison, America is such a great country
Yea it is
+Spike Spiegel HAHAHA good joke!
This is what’s wrong with the system. If you’re being charged for murder without killing someone obviously the system is corrupt
Punishment doesn't not fit the crime...
doesn't not
Agreed the 8th amendment protects against this exact situation. I guess the entire court threw away the constitution for this trial.
Your only saying that because there white
Mango BackWoods Wat? Two of them where black?
Corey Hollandsworth no it doesn't fit they didn't kill there friend that's a fact
I serve time in prison and one thing I learned is that a lot of people did not deserve to be there although most did
in prison the most common thing said is "i didnt do it" you will find 75% of them actually did do it
@@trillrifaxegrindor4411 25% is alot of innocent people. His point.
@@drippy4622 quilty or not if you are clean in life you will never go to prison
@@hhhhergc224 thats a lie
@@trillrifaxegrindor4411 diddy did do it
Manslaughter or felony homicide seems more fitting. The jury should have nullified this.
For some reason I can't take this comment serious because of the profile pic it looks like your laughing while saying it
But yea they should have
manslaughter would be the appropriate charge, im no judge lol. but these two kids near me around 6-7 years ago ran over some guys head after stealing some drugs from him without paying, the kid died and the driver got charged with premeditated manslaughter, the other guy in the car got a slightly lesser charge but he still went to jail for around 5 years.
So wait, don't rapists get less? 🤔 *I'm going to need the Justice system to explain this one.*
Rae Rae you stupid? She’s saying rapists get a lesser sentence which is fucked up
Yes but to be totally honest, a lot of men are falsely accused of rape
@@mangoman2002 your name explains it all
Rae Rae dumbass
Rae Rae u r dummy dumb dumb
Getting kill credit in Fortnite for someone walking off your ramp
😂😂
Jeb ! Did you really just reference fortnite omegalul dude 😂
"Officer I was only driving drunk when we crashed, I should only get charge with DUI not manslaughter for the 2 passenger in the other car" sounds like many don't know the laws.
When you plant a proximity mine across the world on GTA you’d totally forgot about and it says you killed someone
That happened to me before except i was the victim
@@5.0_Frank rip
If you are doing something like this and someone in your company dies, it is just as much your fault as theirs and anyone else with you.
They all are responsible for their friend being dead, none of them participate in a a break in and all is well. I think this law is spot on.
I’d say they deserve jail but the reason why they are going to jail isn’t right
No it's not yes they should go to jail but not for murder cause they didn't murder anyone are you stupid?
BeautyDiaries still broke into a house but I’d say the guy that killed should be charged to
Bro they kids
I can understand if one of them killed the home owner in the process of the robbery and they get charged with murder but for them to get charged with murder because one of them got killed by the homeowner is absolutely sickening. They all made the conscious decision to break into that house so I believe they are all responsible for their own actions and the consequences of their actions
It doesn't matter if anyone was there or not especially thinking there may not be any danger or not, you don't break into people's houses PERIOD!
agree
If they had not broke in, his friends would not have been killed. You risk your life breaking into someone's house, it's not a prank, it's not "we just wanted money" it's murder. You murdered your friend and your friend commited suicide. You could have applied for a job digging ditches to get money.
I think in certain situations that law is fitting and should be enforced. Not this case. Yes, they broke laws, made really stupid choices and should absolutely be held accountable for what they did. But this is (one of) the problem with our justice system. Too many people are incarcerated when they shouldn't be, or get sentences that are far beyond a reasonable amount of time. We throw people away in prison and aren't rehabilitating. I wish that could have happened for these boys. Putting them away for 5 decades will do more damage to them than it will teach them a lesson or make them understand their poor decision making. Then we wonder why so many people end up back in jail. These are the type of kids who seem to have real potential of making better choices and being a contributing member of society. We need a justice system that actually works and benefits those inside and those in the community. Hell yes they were stupid and screwed up, a punishment is deserved. This punishment is just so morally wrong. Its shameful that it's 2016 and we have come so little in figuring out better ways to deal with people. All of it is doing way more harm than good for all of us.
4years community service
Nicole Slater I don’t think you understand how much I agree with you on everything you said
Nicholas Weise If you had done your research you'll know they've been all released. Nice thought process you got there.
Well if it were up to me they’d be on death row because there are too many people alive today and they committed a crime similar enough to murder. Get the lethal injection drugs ready!
Nicole Slater i disagree. If you willingly commit a crime and due to your crime someone loses their life you absolutely should be charged with murder.
"I couldn't have stopped it"
You could've not broken into someones house?
that's not what he meant... after the fact that they broke in the house and the owner started shooting, there was no way to stop it!
Wow... in Britain they wouldn’t even get kicked out of school.
I don't even want to know what would have happened if the Homeowner wasn't armed, he could have been killed himself.
Murderers, hold on a second I'm just a burglar...........
1pcmedic hahaha
LET ME EXPLAIN THIS 2 U .. IF U ROB A BANK AN THE GUARD TAKE OUT HIS GUN AN SHOOT HIMSELF AN DIES... U R THE BLAME BECAUSE IF U DIDN'T GO N THERE HE WOULD NOT SHOT HIMSELF... UNDERSTAND...
A good trick for the future: Don't break into houses. It creates problems.
"I couldn't have stopped it"
Well, actually...
Sounds like they are blaming the victim for being home.
It's called negligent homicide you can't charge the home owner for shooting robbers in his house that he owns
If someone dies as a direct result of you committing a crime you are guilty of that death. Indiana isn't the only state with laws like that.
No, we can't let the inmates run the asylum. Actions have consequences, and I stand by the decision of the prosecutor, this is how felony crimes need to be handled. They are responsible for his death, they were part of a gang, and initiated a gang level felony, and conspiracy to commit breaking and entering, burglary, and armed robbery. The fact that their buddy was shot by the home owner, the death is on their hands. For if they did not go along, or one of them issued resistance, perhaps they would have all changed their mind. Too bad they were released, I will pray for them, but I fear this lot is full of bad seed. They belong in prison.
I think that if the victim was killed then yes charge all four. But being one of the criminals was killed, that was his fault. This case is truly sad.
“ I couldn’t do nothing to prevent it” um..maybe don’t break in
Attempted burglary, trespassing? They weren’t even armed.
BS. The five of them out-armed the homeowner 10-2
Im sorry but if u didn’t do the actual murder, you should’t get the murder charge, its a messed up system.
I think part of this is down to the guilt by association premise. There has to be some sort of price to pay when you act as a group for the positive or negative outcome that the group produces. If you dont want to be part of the collective, dont join the group.
djblanton Im not saying people shouldn’t be held accountable for their actions, By all means they should, But to charge someone with murder for which they did not commit is not right, at least my eyes.
@@chrism.4600 I get your point. The whole thing stinks. Breaking into a home, getting involved in a shooting, the poor homeowner that has to live with himself, etc etc ... There are no winners anywhere in this mess. I appreciate you commenting back. Thanks for the constructive back and forth on this. Have a safe rest of your week.
It’s wierd how many prosecutors and judges are bullies.
Murder? Use a dictionary!
Christen’s Craziness in Indiana criminal code book even selling or distribution of a aids test that's not fda approved is homicide. ( Kind of a stupid law)
ShockM. And what if your FDA approved test comes back wrong as well? Should the FDA be charged with murder? Of course not
Christen’s Craziness
Research the law...
Stop defending them just because they’re white
It’s called felony murder look it uo
The point is don't break into someone's home. That's on you!
Well duh. Doesn't mean that a murder charge should be put on them when they have not killed anyone.
Kurt Rustle breaking in is no way near deserving the same time as taking a life.
@Kurt Rustle You can probably replace stolen items, you can't replace someone's life.
@Kurt RustleYou can't suspect anyone of doing something without evidence in court, you can't prove it would've resulted in death. But if they killed while breaking in charge em with both. But other than that unless you actually don't harm someone while breaking you don't deserve that long of sentence. In my eyes murdering someone is much worse than breaking in. Let's just agree to disagree on this one.
@Kurt Rustle You can't charge em for a crime they haven't committed, sure they could've but charging them with another crime would be immortal. Yes they broke into a home, but if they didn't kill there should be no murder charge. We won't see eye to eye in this, that's okay let's just move on now.
One of the Main reasons for the FELONY MURDER law/statute was for the following. (To be clear I believe this law was NOT applied properly in the Elkheart case and below are examples to how and when it should be applied).
Lets say 2 armed guys rob a Home, the HOME Owner is shot and killed. However they cannot prove which of the 2 fired the weapon that killed him. The new Law would let them charge BOTH men with the same crime, not requiring them to prove which one fired that bullet or even that they INTENDED to kill him.
OR A woman is forced into a car by a gunman. The woman attempts to flee by jumping out of the Vehicle while it's driving down the road and is hit and killed by a car. Before the most they could charge the man with was Forcible Confinement and/or Kidnapping as HE didn't actually kill her. The Felony Murder law however lets you convict him without having to prove INTENT! as you should have forseen she might try to escape.
This law was never intended to apply to the intended victim killing one of the perps and the other perps getting charged with the death.
Please keep in mind in the Elkhart case that the 21 year old that died was the oldest, the others were 16,16,17and 18, and therefore the only ADULT involved. IT could be said that the one most responsible for his death has already payed the ultimate price.
@EvilLoynis I agree entirely.
this law sounds perfect and deserving,it fits the crime.
@@trillrifaxegrindor4411 sorry please clarify are you agreeing with my statement or are you saying that the four boys got the right sentence?
Agreed.
This is so well spoken. You did such a great job of explaining this for those who may be confused about this situation.
@3:40 he says “I couldn’t have stopped it”...but he’s wrong. The moment they broke in to that house, they are all responsible for what occurred due to their decision. I don’t agree with 50+ yrs in prison, but ultimately the blood of their deceased friend is on their hands. The homeowner was obviously within his right to defend his home.
And that's THAT
Were their lawyers 5 year olds???? How does this happen
Awww poor teens, breaking into houses. Actions have consequences.
And there willing to take the time for burglary but they didnt murder anyone
If you steal money from a supermarket, you deserve convictions for theft, not rape or torture, for instance
@@tlotpwist3417 stealing money from a supermarket didn't result in someone being raped or tortured. Them breaking into somebody's house resulted in somebody dying. Who would you like to see get punished for the death the homeowner? None of this would have happened if they've just would have went to school that day...
Michael Bottjer NO ONE should be punished for the death. That’s how self defense works. The person who committed the killing simply doesn’t get punished. Nobody else gets punished in their place.
@@uhlan30 yeah I'm not arguing that. But if somebody has to be charged it should be those kids who broke into the house not the homeowner.
Moral of the story, dont break into someone else's house, dont break the law.
Laws are not equal
Breaking the law does not mean you deserve life in prison
Only the most severe of crimes should
They committed a burglary
They should be punished for the crime they committed and no others
What is it with all these simplistic views on here
Any felony crime that ends in the death of anyone IS and WILL be charged with murder. It's not that society needs a scapegoat, they are directly responsible for his death and have to be held responsible. Their actions directly led to his death, if they had not done this, he would be alive and this wouldn't be talked about. It's called criminal culpability.
Another thing to show that the American legal system is a joke
jaffer ashoor yep garbage
💯💯💯
Yes, breaking into a house and directly leading to someones life being taken and being charged for that crime. Totally unfair.
In West Virginia if you come on anyone's property without consent and especially with a no trespassing sign the owner has all right to shoot you.
Yes but does he have the right to shoot your accomplice and then charge you with his murder
ThreeDragonsTalk No that is not the law there!
Thats not how it works. Only if the owner warns you multiple times to leave or life is endangered. Have fun shooting someone and going to jail
that is not the issue here buddy, wrong video dipshit
Wow what a diverse group of young men.
I actually agree with this law. If you initiate a crime you are responsible for everything that happens as a result. The home owner did not decide to randomly shoot someone, they reacted to your decision to invade their home. If you hadnt decided to invade that home your friend would still be alive. If your reckless actions cause a death of someone, that is murder.
No. Murder is killing somebody on purpose with malice intent. There was absolutely no malice intent or purpose by either in this case. By this logic, every accidental death by another person is murder. It is nonsense.
the law is flawed. you are responsible only for your OWN actions, or lack of it. It is just a bad, derogatory way of blaming - the south way.
Breaking and entering a random person's home in a country where there's a right to own a firearm, and the resident doesn't see any difference between you and the boogie man during these encounters.
That job at McDonald's doesn't seem so bad now does it?
Here’s a thought, don’t break into a house. Lol
I wonder how many times someone got 50+ years in prison without doing anything.. :-I
Well,it sure wasn't these guys
a lot.
Fortunately this time we know the kids are guilty and got what they deserved
@@jacobishii6121 what are u talking about the kids were guilty all they did was attempted burglary they didn't murder anyone smh...
@@Jeremy-sq2dj then push to change the law if that's what you think.....Lots of people in prison because they went along on a robbery and didn't plan on anyone being hurt but shit went wrong.
Its nothing new.
no one would have got hurt if they didn't break the law.
I like how the kid said he couldn’t stop it? If he didn’t go in and rob the place no one would be dead.
Me: Who cares?
X: Its important to change this law. What if this happened to you?
Me: I wouldn't break into someone's home so its irrelevant
What if someone who broke in happened to steal your gloves and use them and drop them leaving your dna at the scene thus leaving you accused
Omgitsjoetime T who steals gloves? Lmao
Hector someone who’s gonna burglarize shit and doesn’t wanna leave finger prints and has no money.
Regardless. You should be charged for the crime you have committed.
Omgitsjoetime T still very unlikely for that happen.
This is absurd, they committed a crime but they didn't murder anyone.
When they committed the felony. They were responsible for everything that happened during the commision of the felony. That's the way it is and should be.
still, it is sad. Looking from their perspective and considering juvenile behaviour, they would have never imagined this situation. Giving them some years to repent was enough. But taking a major chunk out of their lives is definitely too much.
How about accepting your part in the crime and realizing how YOUR actions lead you to where you are today.
How the hell you get charged with murder without murdering anybody
By breaking into someone's house and directly causing death because of it.
They was charged with murder of Danzele Johnson because the owner of the home was legally justified in the shooting because it’s 5 of them they could have beat the man down seriously injuring him or killing him and they were in his home. The jury said we need to charge someone with that death it was only them that caused that death.
👌
So, you "couldn't have foreseen the danger"? You actually believe that if you break into someone's home they do not have the right to defend themselves and shoot you? Have you ever heard of the 2nd Amendment? You break into anyone's homes there is a chance they are going to shoot you dead. If you couldn't foresee the danger then you do not live in reality.
"There was no way that we could have prevented it from happening". Yes, there was, Don't break into anyone's home and you don't get shot. It was easy to prevent, yet you chose not to. You decided that stealing their things was more important, so live with the consequences now.
If the house was empty then they wouldn't get shot
The responsibility to not enter the house rests on the kid who got murdered. His friends didn’t force him into the house.
Wouldn’t be in prison if they didn’t break the law...
Uhhhhhhhhhhhhh did you watch the video bud?
@@Stritty whats he's saying is had they not broke into that house they wouldn't be in this mess. You need money you get a job.
Don't break into a home that isn't yours. End of story.
While I definitely believe the home owner was well within his rights to protect himself by shooting at the intruders I do not think that those four individuals should be charged with murder. It's ridiculous. But the government always wins.
Such bull. That is how sick the system is. They did not murder anybody.
Gary Ross Sorry buddy they DID. If someone dies during a crime or in direct result of the crime it's murder. Sometimes manslaughter
its the same as setting someone up. I wouldn't ask questions if 5 ppl are breaking in my house, Id like to see how fast they can break out of it with this .44 passing by them
Law in Texas: your crime partner gets killed, you caught that murder case. I love this. It's a good eye opener for the stupid people
Law in MA: you kill someone in your house you go to jail
@@omgitsjoetime glad I don't live there.
My dad got murdered, a man came to his home and stabbed him to death and the guy was out in 9 years, he got a mere 20 years for intentionally coming to my fathers home, stabbing him 7 times in the chest and leaving the scene, ditching the outer set of clothing he had on and the murder weapon and the guy got 20 years and only did 9 friggin years so how does that work that these boys get 50-60 years and they didn't even pull the trigger?? Indiana is where I live and this state has the most ridiculous logic or lack of I should say! Stupid ass prosecutors and jurors it's all ridiculous !!! The guy that murdered my dad shoulda gotten the 60 years not these kids!
Don't break into houses.
Kalani Hawaiian don’t shoot kids.
They should of been charged with involuntary man slaughter!
Yep. One thought he could get away with criminal behavior because he was a minor. The one that fired the gun was acting in self-defense. That is not murder. The fools need to learn the difference between the words "murder" and "killing". Murder is unjustified killing. These fools were charged because rather than talk the others out of committing the crime, or at least choosing to not participate in the crime and not reporting the crime, most likely because they thought juveniles would just get off easy. I see signs they still don't get it.
+Joe Wilson
The owner has the right of self defence. The moment they caused a break in is the moment the owner has the right of self defence.
Why you would side with criminals is really strange.
anyone else catch he said we knocked first so we didn't perceive the danger? lmao
So they get guilty, but a woman who slashed a cops throut and was caught on camera was found not guilty?? That's not right!!
Who the hell are you to say what's wrong or right???
Lobster brain... But not able to speak for her/himself?
Lobster brain...You're just full of guesses! Try getting facts next time, Lobster Brain! SMH
John Smith so your saying that slashing a cops throat is good ok
Pokémon... ??? Only if the cop sent innocent people to jail by lying, committing perjury, writing false statements, etc... You do know there are thousands of innocent people in jail because of lying cops, prosecutors and judges? I plan on donating funds to the Michigan innocence project. Check it out.
this is usually used for the event of an innocent being killed. the common example is: you pull a gun, the victim has a heart attack and dies = felony murder. I don't agree with this case. it is an overzealous prosecutor
+Front Lines Radio
Their actions caused the death of somebody and risked the lives of everybody in that building including the occupants.
Could you imagine if a young seven year old child walked into the middle of that. It is alright saying they would not do anything but that is what they are saying after the events took place.
Anybody willing to break into a persons home and invade their private space is capable of anything.
There has been countless cases of gang rapes with breaking and entering crimes. The home owner has all of that going through their head as it plays out.
The case was turned over in 2016 and all were released but 1 who had caused truble while in prison...The issue I see is that the legal system is so bad in many cases the only way to get it to retract their known wrongs is to publish it and protest when in the forst place the people we elect should have prevented this stuff from being possible...The govoner and judge in this case should do time to set a precedence that if the citizens you are supose to serve are wronged on your watch by that which you are supose to govern/ judge you will pay.
The title is wrong. The law, that was already on the books, was upheld. They belong in jail for murder. Stupid to think otherwise. Those guys know to read, correct? They didn't learn how to be effective criminals and they should have. Especially if you plan on doing it.