How 4 teens became murderers without killing anyone (Fair or not fair?)

Fair?

  • yes, good law.

    Votes: 11 39.3%
  • no, bad law

    Votes: 13 46.4%
  • undecided

    Votes: 4 14.3%

  • Total voters
    28

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How 4 teens became murderers without killing anyone

The case of four young men from Elkhart, who are each serving a five-decade sentence for a murder they did not commit, brings attention to a decades-old controversial and highly criticized but widely used doctrine of criminal law.

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April Sparks was waiting in line to pre-pay for gas at a 7-Eleven store when she overheard a conversation she didn't want to hear.

"They don't deserve that," the cashier said.

"They should spend their lives in prison," the customer in front of her said.

Sparks knew exactly whom they were talking about. The small community 160 miles north of Indianapolis seemed split on the fates of four teenagers catapulted into unwanted fame because of one stupid mistake. One of them was her son.

Sparks left, quietly, and went elsewhere to buy gas.

Her son's life changed forever on the afternoon of Oct. 3, 2012, when he and four friends broke into a house, hoping to steal some money.

They thought the house was empty. None of the teens expected an armed homeowner to be inside. None of them was armed. None foresaw a shooting. But the homeowner, who was sleeping upstairs, did rush downstairs and did fire a handgun — killing one of the teens.

And all four of the surviving teens were charged and convicted for the death. Levi Sparks, now 20; Jose Quiroz Jr., 19; Blake Layman, 18; and Anthony Sharp Jr., 20, are each serving a five-decade sentence in the Indiana Department of Correction.

They may not have pulled the trigger. But, as far as the law is concerned, the rash decision to try to score some cash turned them into murderers.

The story of the Elkhart Four — as they have come to be known — brings attention to a decades-old controversial and highly criticized, but widely used, doctrine of criminal law.

Under Indiana's felony murder statute, a person can be charged with murder if someone is killed while he or she is committing or attempting to commit another crime. That crime could be arson, burglary, robbery, carjacking, human trafficking, sexual trafficking, or sex and drug crimes — acts that the law considers inherently dangerous.

Felony murder carries the same penalty as murder, but unlike a murder charge, in which intent to kill must be proven, a person can be convicted of felony murder even if the death is accidental or unintended.

Supporters say it's a useful statute, a crime deterrent and a safeguard in the criminal justice system that holds people accountable for committing dangerous acts that result in someone's death.

"We don't really want people dying and sort of shrugging our shoulders and say, 'Oh well,'" said Elkhart County Prosecutor Curtis Hill, who charged the Elkhart Four. "Part of our justice system is to bring closure and completeness in terms of what happened, why it happened and what ought to be done."

Critics say the statute, used widely in much of the country, goes against a basic principle of criminal law: culpability.

"It's one thing to say you commit a robbery or a theft. You're not saying the person is a completely innocent person," said Timothy O'Neill, a law professor at John Marshall Law School in Chicago. "Blameworthiness for theft doesn't necessarily turn a person into a murderer. There's a disconnect."

As that debate played out in Elkhart, Quiroz pleaded guilty to felony murder and was sentenced to 55 years in prison, with 10 years suspended to probation. Sparks, Layman and Sharp were convicted by a jury. All but Quiroz asked the Court of Appeals to overturn their convictions. The appeals court denied that request, but reduced their sentences.

Their fate now depends on the state's highest court. In February the defendants asked the Indiana Supreme Court to rule on their appeal. The justices have yet to issue a ruling.

They hid in the closet: 'Sorry, sorry'

Sitting in a small conference room at Wabash Valley Correctional Facility, dressed in matching light brown polos, pants and white sneakers, Levi Sparks and Blake Layman recounted that fall afternoon.

It was around 2 p.m. They attended an alternative school, which let out early, and they were hanging out at Quiroz's front porch. They discussed ways to get some quick cash to buy weed. Breaking into a home seemed like a good idea. So they began looking for an empty house.

Sparks knocked on the first home; dogs started barking. The second house wasn't empty either. But the third one, a two-story wooden home with red bricks and white door frame on Frances Avenue, appeared to be empty.

The man living there usually parked his truck in the driveway. That day, Sparks said, the truck wasn't there. They thought he was probably at work.

"... it was a clear sign to be able to just go in, do what we need to do," Sparks told The Indianapolis Star, "and nothing bad could come out of it."

What unfolded next is detailed in court documents

They banged on the front door. No answer.

Sparks stayed across the street with a cell phone in case the police came. Quiroz, Layman, Sharp and 21-year-old Danzele Johnson, went around the back of the house and kicked in the steel door.

Rodney Scott, who was napping upstairs, heard a loud boom and woke up. The whole house shook, he later told police. He heard a second boom and felt his house shake again. There had been a burglary in the neighborhood earlier that week. He grabbed his handgun and ran loudly downstairs, hoping to scare away the intruders.

Sharp ran out the back door. The others were left inside. Scott, afraid for his life, fired his gun to scare them away. Layman, Quiroz and Johnson ran to the downstairs bedroom. They hid in a closet.

"That's when I noticed that Danzele was shot and I was shot," Layman told The Star.

While the three were inside, Scott called 911. The closet door opened. Johnson, who had been shot in the chest, lay lifeless on the floor.

Layman, who was shot in the leg, remembers apologizing several times.

"Sorry, sorry," he told Scott, who told them to stay in the closet.

Sparks, who had been outside and had heard loud bangs, said he got a call from Quiroz while they were inside.

"Someone was hurt. Come over and knock on the front door," Quiroz told Sparks.

Sparks did, but no one answered. So he tried to enter the back door. He made it to the kitchen and Scott, pointing a gun at him, told him to get out of his house, Sparks said. He fled home, not knowing what happened inside.

When police arrived and Scott looked away, Quiroz jumped out the bedroom window.

Scott and Quiroz both declined an interview request from The Star. Scott, who was cleared of any wrongdoing, has since moved out of his house. Sharp didn't respond to The Star's request.

'I didn't kill anybody'

Layman recalled sitting confused in the Elkhart County Jail shortly after they were charged with felony murder.

"I didn't kill anybody. I kind of thought, maybe they don't know what actually happened," Layman told The Star. "Maybe they think that I killed Den."

He figured police would learn that wasn't the case, and he'd be sent to the juvenile center for burglary. He soon realized he was wrong. He, Sparks and Sharp stayed in jail for the next nine months, awaiting trial for murder.

On Aug. 22, 2013, the three teens who hadn't pleaded guilty waited in a room while their families waited outside the courthouse. The jury deliberated for about five hours.

That was a concern for Layman. Why was it taking so long? If the jury was going to find them not guilty, he thought, they would've reached that decision sooner.

Late that night, with the courtroom packed with friends and families, the three defendants were escorted in to face the jury.

"We were all crying before we even walked in the courtroom," Layman said. "I kind of turned and looked over my shoulder ... I got my family behind me. I can hear everybody crying."

The verdicts were read: guilty.

April Sparks, Levi Sparks' mother, said she remembers hearing someone yell, "It's not fair!"

"We just kept going over and over it," April Sparks said, "how wrong we thought it was."

The following month, Layman and Sharp were sentenced to 55 years in prison. Sparks, who was not inside the house when the shooting happened, was sentenced to 50 years. The court of appeals later decided to suspend 10 years of Layman's and Sharp's sentences and five years of Spark's.

Many question felony murder charge

Some are critical of Hill's decision to pursue felony murder charges. They say the Elkhart case is unlike other felony murder cases, which typically involve armed defendants who can reasonably foresee that someone could get killed as a result of their actions.

"The run-of-the-mill felony murder case is going to be a pretty unsympathetic defendant," said Joel Schumm, a law professor at the Indiana University Robert H. McKinney School of Law in Indianapolis. "You know, armed robber, drug dealer who's done something that resulted in someone else dying."

Schumm points to the actual language of the Indiana statute, which he says, does not apply to the Elkhart case. According to the statute, "a person who ... kills another human being while committing or attempting to commit" another crime "... commits murder, a felony."

"Should that be felony murder if the homeowner shoots and kills one of the co-perpetrators? Schumm asked. "I don't think with the way the statute's written that it should be."

In at least two other Indiana cases, the Supreme Court ruled that a felony murder conviction of people who did not do the actual killing is justified because their actions created a risk for someone to get killed.

In 1999, the court upheld the conviction of Jesse Palmer, who pointed a loaded and cocked handgun at a police officer while trying to help an arrestee escape. Palmer shot the officer's hand. Another officer ended up shooting the arrestee, while Palmer fled.

In 2000, the court also upheld the conviction of Rodney Jenkins, who, along with a co-perpetrator, tied up two victims with a tape while committing armed robbery. One was able to get loose, grabbed a gun and shot the co-perpetrator.

Some say the Elkhart case was different.

"Here, by contrast, (the defendants) were (1) unarmed and (2) attempting to commit a non-violent burglary of what they believed to be an unoccupied residence," Judge James Kirsch wrote in a dissenting Court of Appeals opinion on the Elkhart case.

Plus, the defendants were juveniles.

"Subjecting a juvenile who did not kill or intend to kill anyone to a murder prosecution in adult court based solely on the premise it was 'foreseeable' to the juvenile that someone might be killed is problematic because juveniles do not 'foresee' like adults do," Court of Appeals Judge Melissa May wrote in the appeals court opinion.

Citing the pending Supreme Court decision, Hill and the Indiana Prosecuting Attorneys Council both declined to comment on the case.

Speaking generally, Hill said he doesn't think the use and application of Indiana's felony murder statute is unfair.

"What we call felony murder contemplates the unintended consequences of an inherently dangerous act. It all comes back to that," Hill said. "You don't get to felony murder unless you have the inherently dangerous act."

Criticisms abound, but changes are scarce

O'Neill, the John Marshall law professor, said the felony murder charge has created many convoluted cases and spurred criticism from the academic world.

In Florida, for instance, Ryan Holle faced a felony murder charge after his roommate borrowed his car and used it to drive to a drug dealer's home. The roommate and his friends broke in to steal a safe, and one of them ended up killing a resident. Holle, who was asleep in his bed at that time, was sentenced to life without parole.

In Illinois, Allison Jenkins was convicted of felony murder for trying to run away from an officer who suspected him of drug possession. The officer caught and tackled Jenkins and ended up firing his weapon, killing his partner. No drugs were found on Jenkins.

Michigan, Hawaii and Kentucky have abolished felony murder. England, where the law originated, also has done so. But much of the United States still uses the statute.

"It just doesn't seem to go away. Everybody criticizes it. Everybody writes against it," said O'Neill, who has written about felony murder. "Despite the vast majority of writing against felony murder, it hasn't had very much influence on lawmakers to change anything."

Indiana Public Defender Council Executive Director Larry Landis said charging people for what they did not do, especially for a death they did not intend, is an injustice.

"If you don't intend the results of your criminal act," Landis said, "you should not be punished as though you did intend to do it."

He said he plans to push for legislation next session, and hopes the Elkhart case will help spawn reform, but he admits that legislators are not likely to support a bill that, in essence, helps people who have committed a crime.

"It's much safer to sponsor a bill that increases the penalty for a crime," Landis said. "No one has ever lost an election for supporting a law to enhance penalty on a criminal."

Legislators are likely to defer to the Supreme Court, said Rep. Ryan Dvorak, a Democrat from South Bend whose district includes Elkhart.

"We'll have to wait and see what the ruling is," he said.

Dvorak said he thinks most people would agree that those who engage in violent behaviors that cause death should be held liable. But he also said the Elkhart case is unique.

Sparks and Layman said they are optimistic the Supreme Court will overturn their conviction.

If that happens, Sparks said he wants to study to become a mortician.

Layman plans to marry his fiancee and move out of Elkhart. He said he doesn't want to live in a town where he's labeled as one of the Elkhart Four.

"That's not how I want to be recognized. I made a mistake, and I got put in a really bad situation," Layman said. "It's not something I'm proud of."







ELKHART FOUR TIMELINE:

Oct. 3, 2012: Blake Layman, Levi Sparks, Jose Quiroz, Anthony Sharp, and Danzele Johnson broke into an Elkhart home they thought was empty. The homeowner, armed with a gun, ended up killing Johnson and wounding Layman.

Oct. 16, 2012: The four Elkhart teenagers were charged with felony murder.

Nov. 16, 2012: Quiroz pleaded guilty to felony murder. He was later sentenced to 55 years in prison, with 10 years suspended to probation. He also agreed to testify in the trial of Layman, Sparks and Sharp.

Aug. 22, 2013: After a four-day trial and five hours of deliberation, the jury found Layman, Sparks and Sharp guilty of felony murder.

Sept. 12, 2013: Layman and Sharp are each sentenced to 55 years in prison. Sparks, who was not inside the house when the shooting happened, was sentenced to 50 years.

October 2013: Layman, Sharp and Sparks filed notices of appeal in the Indiana Court of Appeals, asking for the overturn of their conviction.

Sept. 12, 2014: The court of appeals upheld their conviction, but ruled that their sentences were inappropriate. The appellate judges suspended 10 years of Layman and Sharp's sentences to probation. They suspended five years of Sparks' sentence to probation.

Oct. 14, 2014: Layman, Sharp and Sparks asked for their cases to be transferred to the Indiana Supreme Court.

Feb. 26, 2015: The Supreme Court held oral arguments on the Elkhart case. The justices have yet to decide whether or not to rule on the case.


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video: http://www.11alive.com/story/news/c...me-murderers-without-killing-anyone/26027173/
 
what kind of bullshit law is that

A very old one in force all over the country

If someone dies during the commission of a felony you can be charged

You rob a store and dude you with kills the clerk you charged too even if you didn't know he had a gun.

So many people sitting in cells behind this shit.



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I was told early in my life about this law. Hence is the reason I chose my friends carefully. :smh:

Fuck that. They were home invading. What did they think was going to happen? It could be worse, they could all be dead. I hate people that steal. I had a Honda that I worked on for two years while I was in college and someone stole it. all that hard work goNE because of some asshole that doesn't respect other people.
 
Fuck that. They were home invading. What did they think was going to happen? It could be worse, they could all be dead. I hate people that steal. I had a Honda that I worked on for two years while I was in college and someone stole it. all that hard work goNE because of some asshole that doesn't respect other people.

What I was speaking of is being guilty by association

For example, I tell my homie we about to go about and get some hoes, but instead I make a detour and murk someone while he had no clue of my plans.

I don't like theifs either, but child molesters get less time then what these boys were given.
 
What I was speaking of is being guilty by association

For example, I tell my homie we about to go about and get some hoes, but instead I make a detour and murk someone while he had no clue of my plans.

I don't like theifs either, but child molesters get less time then what these boys were given.

I agree with you. Everyone knew what they were doing in this situation. The example you gave could have been me when I was a teen but my pops made me stop hanging out with this dude in the neighborhood. The day they asked me to kick it, I was like "nah my dad said I can't go". I got clowned for a few minutes but those dudes ended up getting their car shot up by someone they did dirty.
 
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My Lil brother just went through the same situation. Luckily they decided not to charge him w the murder.

Moral of the story is don't commit crimes
 
Want to bet the judge is getting a cut from their prison corporation? The prison just got some new young employees who are more familiar with technology than most of the old cats locked up.
 
A very old one in force all over the country

If someone dies during the commission of a felony you can be charged

You rob a store and dude you with kills the clerk you charged too even if you didn't know he had a gun.

So many people sitting in cells behind this shit.



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nah i kno about accessory to murder..i'm talking about ur man gets killed by somebody else and u go down for it..u go to rob a store and the clerk pulls out a shotgun and blast ur boy and u get 20 to life for it..that shit is crazy.. i kno if ur man merk the clerk u get accessory charges but not the other way around
 
Law enforcement and the courts have the discretion to be able to apply statutes and laws on a case-by-case basis. It needed not be applied in this case...at least on its surface. Under the circumstances, they thought that they were burglarizing a home that was unoccupied. I can understand how the law is applied to cases like bank robbers fleeing the scene and an innocent bystander catches a slug in the dome or something. Obviously, the prosecutor and or the community were making a statement.
 
Fuck that. They were home invading. What did they think was going to happen? It could be worse, they could all be dead. I hate people that steal. I had a Honda that I worked on for two years while I was in college and someone stole it. all that hard work goNE because of some asshole that doesn't respect other people.

The powers that be depend on this attitude to make more punishments when the crimes aren t there......

I would be for a law like this if it wasn t for the fact that it is only in place because of the corruption of the prison industry and the money that the powers that be make by locking people up.......

This law like the rest if them is due to corruption and money of the prison industrial complex....
 
its gonna be VERY hard to get rid of this law because the argument is, if u dont go out to commit a crime in the first place then this wont effect you at all
 
Want to bet the judge is getting a cut from their prison corporation? The prison just got some new young employees who are more familiar with technology than most of the old cats locked up.

And this is the ONLY reason why these types of laws exist......

and the general public allows it....
 
The powers that be depend on this attitude to make more punishments when the crimes aren t there......

I would be for a law like this if it wasn t for the fact that it is only in place because of the corruption of the prison industry and the money that the powers that be make by locking people up.......

This law like the rest if them is due to corruption and money of the prison industrial complex....

Don't break into homes.
 
I was told early in my life about this law. Hence is the reason I chose my friends carefully. :smh:

Uncle in law did 20 years for driving a friend to a convenience store. he didn't know the friend even robbed the store. Killed the clerk. Every kid we're involved with i tell them about this. And exactly what you said. Choose your friends very carefully.
 
Uncle in law did 20 years for driving a friend to a convenience store. he didn't know the friend even robbed the store. Killed the clerk. Every kid we're involved with i tell them about this. And exactly what you said. Choose your friends very carefully.

Fuck:smh:
 
When I was coming up it was called "The hand of one is the hand of all". They used to tell us about in Scared Straight programs when they would bring in prisoners to talk to us. For me, it worked. I have no problem with it.
 
Uncle in law did 20 years for driving a friend to a convenience store. he didn't know the friend even robbed the store. Killed the clerk. Every kid we're involved with i tell them about this. And exactly what you said. Choose your friends very carefully.

my brother got 20 years in GA for the same shit, except noone was killed.
his friends, whom were the ones actually going around robbing people, got off on pleas
and only had to serve 5 years. my brother had a shitty ass public defender that had him plead guilty
to some shit he didnt have anything to do with and the judge still gave him 20.

and the bad part about it is.....all of my friends and his closest friends, told him to stop hangin with
those dudes, because they were up to no good and would get him in trouble. He didnt wanna listen to reason.
 
my brother got 20 years in GA for the same shit, except noone was killed.
his friends, whom were the ones actually going around robbing people, got off on pleas
and only had to serve 5 years. my brother had a shitty ass public defender that had him plead guilty
to some shit he didnt have anything to do with and the judge still gave him 20.

and the bad part about it is.....all of my friends and his closest friends, told him to stop hangin with
those dudes, because they were up to no good and would get him in trouble. He didnt wanna listen to reason.

:eek:

damn.
 
nah i kno about accessory to murder..i'm talking about ur man gets killed by somebody else and u go down for it..u go to rob a store and the clerk pulls out a shotgun and blast ur boy and u get 20 to life for it..that shit is crazy.. i kno if ur man merk the clerk u get accessory charges but not the other way around

That been the law bro...that accessory is a charge used if you not there for the underlying felony but help get the gun or help cover it up...

Go to rob a place and your boy trigger happy you going for murder

Then the stupid no snitching mofokr that didn't pull the trigger get all the weight cause his boy that did makes a deal..

Its mofokrs that gave a mofokr a ride dude goes in robs the place and kills somebody and you getting charged and you didn't know shit

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In fact in texas you get more time for breaking into a house at night..

They figure if you do it at night you expect people to be home and are willing to do bodily harm

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There are similar laws like this that can be used widely.

If you run from a cop and while he is chasing you he knocks over an old lady and breaks her neck you will get charged.

Like it was already mentioned... don't commit crimes.
 
my brother got 20 years in GA for the same shit, except noone was killed.
his friends, whom were the ones actually going around robbing people, got off on pleas
and only had to serve 5 years. my brother had a shitty ass public defender that had him plead guilty
to some shit he didnt have anything to do with and the judge still gave him 20.

and the bad part about it is.....all of my friends and his closest friends, told him to stop hangin with
those dudes, because they were up to no good and would get him in trouble. He didnt wanna listen to reason.

Uncle in law did 20 years for driving a friend to a convenience store. he didn't know the friend even robbed the store. Killed the clerk. Every kid we're involved with i tell them about this. And exactly what you said. Choose your friends very carefully.

I have heard stories like this, but I always assumed people were trying to get folks to feel sorry for them. I don't think that could happen to me, my Spidey senses are too on point. Like do you really think your friend could rob a store kill someone and hop in the car like its all good? Like he's not rushing to get away or anything?
 
That been the law bro...that accessory is a charge used if you not there for the underlying felony but help get the gun or help cover it up...

Go to rob a place and your boy trigger happy you going for murder

Then the stupid no snitching mofokr that didn't pull the trigger get all the weight cause his boy that did makes a deal..

Its mofokrs that gave a mofokr a ride dude goes in robs the place and kills somebody and you getting charged and you didn't know shit

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once again i already kno about accessory to murder.. i'm talking about this reverse shit they used where if a criminal goes to commit a crime and his partner gets killed he gets charged for his boy dying... that's like if u and ur boy sell weed and somebody shoot ur boy in the head the police charge u for murder cause somebody try to rob ur boy and killed him
 
nah i kno about accessory to murder..i'm talking about ur man gets killed by somebody else and u go down for it..u go to rob a store and the clerk pulls out a shotgun and blast ur boy and u get 20 to life for it..that shit is crazy.. i kno if ur man merk the clerk u get accessory charges but not the other way around
Yeah...I can't remember the state where it happened, but I seen the story on Dr. Phil. Meth heads went to rob this young widow after her husband died of cancer. Wanted his pain meds. They go in and she blasts one of the dudes with the shotty and kills him. His partner in crime gets charged with his murder.
 
Yeah...I can't remember the state where it happened, but I seen the story on Dr. Phil. Meth heads went to rob this young widow after her husband died of cancer. Wanted his pain meds. They go in and she blasts one of the dudes with the shotty and kills him. His partner in crime gets charged with his murder.

crazy
 
once again i already kno about accessory to murder.. i'm talking about this reverse shit they used where if a criminal goes to commit a crime and his partner gets killed he gets charged for his boy dying... that's like if u and ur boy sell weed and somebody shoot ur boy in the head the police charge u for murder cause somebody try to rob ur boy and killed him

there was a case here in Chicago.....dude was robbing a store...police got the call turned on the lights and started speeding on Lakeshore drive in winter going to the scene.

crashes into some other vehicle and kills the driver.

they tried to charge the robber with murder..

sure its some bullshit and they use it most when the police or some herb kills one of the crooks to make sure they get off
 
not only am I getting this law, I am against any law that gives a person more than 20 years in jail, except for murder. ultimately these laws make society even more dangerous.

for example, when my baby stop breathing I called 911. The police and paramedics came almost immediately. coincidentally the Subway down the street had just been robbed. the suspect was running down the street towards my apartment trying to make a getaway when he ran into these cops. He opened fire and hit one of the police cars that my wife was in waiting for a ride to the hospital.

30 years ago he would have just surrendered. Armed robbery used to carry a five-year term. Plenty of time to restart your life after your out. in 2013 it means you're going to have a grandson before they ever let you out of that cell. His back was to the wall so he did something extremely rash. This is also why so many cops get killed.
 
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