Reference no: EM133643323
Assignment:
In January of this year, Maria Carter visited the Capital Pawn Shop in the town of River Ridge in your state, a small town on the state line. While taking in her engagement ring to see what it might be worth, Maria noticed that the pawn shop had a large inventory of gold coins, bars, and jewelry, as well as a small selection of handguns. Maria decided to see if she could rob the store to solve her money problems.
Maria typically tried to rob stores when no one was present to avoid violence, but as she looked around the store, she saw several security systems she did not think she could circumvent, and that both the gold and guns were displayed in open safes, which would likely be locked at night. Maria was not a safecracker, and the safes were too large to steal and open later. She determined that to rob the store, she would need to do so while the store, and the safes, would be open. She noticed an armed security guard was watching customers as they came and went, but he also seemed to spend time watching one of the televisions mounted on the wall.
Maria called a neighbor, Stevie Roberts, who had a reputation as someone who didn't mind flashing his guns around to get what he wanted. She asked him to stop over to discuss a mutually beneficial opportunity, and together they planned an armed robbery of the pawn shop. Maria would provide information about the layout of the building, the security, and the guard, and Stevie would commit the robbery, with an additional friend of his, Lenny Lewis, serving as a lookout.
Stevie Roberts and Lennie Lewis arrived at the pawn shop later in January, and Lennie stationed himself across the street with a clear view into the shop through a large window, and a line of sight in both directions down the street to watch for traffic or police. Stevie entered the pawn shop, drew his gun, and demanded the guard lay flat on his stomach, then aimed the gun at the clerk, handed him a gym bag, and told him to step away from the gun safe and put the gold and jewelry in the bag. As Stevie loaded the handguns into a backpack, he noticed Lennie across the street waving his hands frantically. Distracted, Stevie did not notice the guard had crawled toward him, and the store clerk had pulled a gun from the safe. The store clerk shot Stevie in the thigh and side, and Stevie turned on the clerk, reflexively striking him in the head with his own gun, which was not loaded, knocking him unconscious.
Stevie, bleeding, saw Lennie running toward the door, and held his gun against the security guard, demanding he helps him escape. He put his arm over the guard's shoulder, and together they limped out of the pawnshop to the sidewalk, where Lennie was screaming into his phone at someone, demanding they come and pick him up at a nearby park. A police car approached, and as the officer got out of the car, Lennie reached out toward Stevie as if to help, but instead grabbed the gun. He then shoved Stevie toward the police officer, who was knocked to the ground with Stevie's struggling weight on top of him. Lennie pointed the gun at the security guard, grabbed his arm, and told him to start running. Lennie and the guard ran toward a nearby park, while the police officer called for backup and began to administer first aid to Stevie, who died from blood loss before medical help arrived.
Lennie and the guard ran to a nearby park, where they hid amid some construction equipment until a car arrived. Lennie shoved the guard ahead of him and told him at gunpoint to climb into the back seat. Lennie also sat in the back and told the driver, Will Davis, to head toward a marina a few miles away. Will asked what was going on, and Lennie said that the robbery went sideways, Stevie had been shot and captured, and he was keeping the guard to keep him quiet until they were in the clear. Lennie told Will the police were looking for him, but not this car, and he was heading to a boat he owned to hide out. Will suggested crossing the river and approaching the marina from the other side, and Lennie agreed. Will crossed the river, entered the neighboring state, and drove for several miles before crossing back into the original state and onto the marina.
Once at the marina, the three of them climb onboard a small boat, and Lennie hands Will the gun and instruct him to keep the guard in a small cabin below the deck. Will complies, and over the next several hours, the boat moves slowly up and down the river, stopping at marinas on both sides where Will was instructed to go inside and see if there was any news about a manhunt, and to buy some food. About 25 hours after the robbery, Will went into a marina and was arrested, and a SWAT team descended on the boat, arresting Lennie and rescuing the security guard. Maria Carter was also arrested based on statements made by Stevie before he died.
You are working as a paralegal at the Law Office of Lillian DeBee, Esq., an attorney who specializes in court-appointed criminal defense cases. She was contacted by the court about representing one of the three defendants in this case, Maria Carter, Lennie Lewis, or Will Davis. Each has been charged under your state criminal statute for armed robbery, conspiracy to commit armed robbery, as an accomplice to armed robbery, and an accessory after the fact to an armed robbery. Lennie Lewis and Will Davis are additionally charged with kidnapping under New York state law.
Lillian sends you the following email asking you to research some of the charges to help her determine which of the cases she wants to be assigned.
To: Paralegal
From: Lillian DeBee, Esq.
Re: Understanding additional charges associated with the main crime
You may remember I used to clerk for one of the judges at the county courthouse, so as a favor, they have asked me which of the defendants from the pawn shop robbery and kidnapping I would like to be court appointed to represent. The gunman in the case who actually committed the robbery died, so I think they are charging everyone else with as much as they can to send a message, and I do think some of these charges will stick.
I have a pretty good grasp on the armed robbery and kidnapping charges, but it does not seem to me that all three of them should be charged with conspiracy, accomplice, and accessory charges as well. Compose an intra-office memorandum that evaluates the criminal fact pattern as to each of the items outlined in his email above. You should ensure you identify the proper charge for each defendant, differentiate the charges, and analyze why you believe a charge is or is not appropriate. The memo should contain at least the three criminal statutes and one other academic or legal source to explain your answers, and must address the following:
- Explain the differences in the definitions of conspiracy, an accomplice, and an accessory.
- Summarize the language of New York state's criminal statute on each charge or the closest charge to it that New York state has.
- State which of the three charges should apply to Maria Carter for the armed robbery, and explain why.
- Explain which, if any, of the three charges should apply to Lennie Lewis for the armed robbery, and why.
- What facts explain which, if any, of the three charges should apply to Will Davis for both the armed robbery and the kidnapping?