murder

Early this New year, Governor Jerry Brown has once again denied parole to a former gang member who was convicted of fatally shooting a San Diego police officer in 1978. Jesus Salvador Cecena, 54, was only 17 when he was convicted of first-degree murder for shooting Officer Archie Buggs four times at a traffic stop, in the Skyline neighborhood. This marks the second year in a row the governor reversed the Board’s decision to recommend Cecena for parole. A two-member panel had announced its decision during an August 2015 hearing, citing that he had met the standards under a new law meant to assist prisoners serving long sentences for crimes committed as juveniles. The local police department there obviously launched a campaign against this decision to allow Cecena for parole.

While Brown acknowledged Cecena’s young age at the time, the Governor said in his statement he still believes Cecena would be a threat to society if he were to be released from prison. He claims that Cecena still has not given a credible explanation for his actions. At the sentencing in the late 1970’s a judge noted the evidence indicated the shooting was calculated and deliberate. Cecena was sentenced to life in prison and has been locked up since 1979.

The new law referred to be the parole board says the parole board must give “great weight to the diminished culpability of juveniles” and also consider the prisoner’s “maturity and rehabilitation in prison.” Cecena’s prison record indicates he has disavowed association with prison gangs and helps mentor younger prisoners.

Last week, four students were arrested after police discovered a “detailed” plan to “shoot and kill as many people as possible” at Summerville High School in Tuolumne, California. Other students at the school heard the suspects discussing the shooting last week, so they told school staff, who then contacted the sheriff’s office. According to the Tuolumne County Sheriff’s office, the plan was so detailed that it included the names of the would-be victims. The four suspects were in the process of securing weapons. The suspects have not been identified since they are minors. Those four students had a court hearing Oct. 13th to determine whether they will be released from custody. They will be getting mental health evaluations.

Criminal Conspiracy (CA Penal Code 182)

Criminal conspiracy exists when two or more people agree to commit almost any unlawful act and then take some action toward its completion. The action taken does not need to be a crime in itself, but must indicate that those involved in the conspiracy knew of the plan and intended to break the law.

CA Penal Code 182 defines criminal conspiracy as taking place when:

You agree with one or more other people to commit a crime at some time in the future, and
One of them commits an overt act in furtherance of that agreement.

In this instance, prosecutors would have a good case for conspiracy because the four students allegedly plotted to plan a school shooting and had already commenced the ‘overt act’ of securing guns.

Conspiracy to Commit Murder (CA Penal Code 189)

The type of conspiracy you are convicted of will determine your punishment. Some conspiracies are wobblers – they can be prosecuted as a misdemeanor or a felony. A conspiracy to commit murder has all the same elements as conspiracy, expect one possesses the specific intent to kill another person unlawfully and commits an act in furtherance of that act. If convicted, you will face punishment that is equivalent to first-degree murder. It is punishable by death or 25 years to life imprisonment without the possibility of parole.

Withdrawal from the Conspiracy

One may withdraw from his or her role in a conspiracy before someone in the group takes an overt act to further the crime in order to be absolved of criminal liability. If you wait until after someone commits an overt act to affirm your withdrawal, you will still be charged with the conspiracy but will not be held liable for any crimes that are committed after you communicated your withdrawal. Continue reading

Articles Tagged with murder

Gov. Brown Denies Parole For SD Officer’s Killer

Four California Students Arrested in High School Shooting Plot