Convicted of Murder Without Murdering

Yup, that’s right, you can be convicted of murder without killing anyone! A ridiculous statement, no? Yet, it’s not only accurate, but it is also one that has been used again and again throughout this country’s criminal justice system. Let me give you some pared-down factual examples here in Nebraska, the Heartland, where our state’s motto is Equity Before the Law.

First, let’s touch on some primary legal grounds for us laypersons. We will look at this from Nebraska’s standpoint; however, it is easy to look it up in your state and find the similarities. Murder is the act of killing someone with several interpretations. First Degree Murder involves premeditated thought before executing the deed. This degree includes someone who plans or directs the killing. Second Degree Murder lacks premeditation, although it is also an intentional killing. There are lesser degrees of murder, such as Manslaughter or Motor Vehicle Homicide, which involves unintentional deaths. Those actions are not a lawful tragedy. However, the only interpretation of murder that is relevant here is First Degree. With that in mind, how is it that someone could end up a murderer without killing someone…

Felony murder!

Felony murder? you might say. Yup, felony murder is the loophole in the noose that has strung up the guilty and the innocent almost indiscriminately. Now, you might say, I understand how roping in the innocent is unconscionable, but why should we care how it might affect the guilty? Excellent question!

Let’s take a summarized peek at the case of Derek W. Dixon. In 1986 a 76-year-old woman was found dead on her kitchen floor. Her home was in disarray, the telephone cord ripped from the wall, a window shattered, and the door appeared to be kicked in. It was determined that Dixon, a 20-year-old male, had committed a burglary. During the trial, a pathologist who performed the autopsy stated that he found the cause of death was due to cardiac arrhythmia. The victim was already in poor health, recently having had two surgeries concerning cancer. The pathologist stated he believed her cardiac arrhythmia was probably brought on by shock to her home being broken into and subsequent exposure to the cold weather.

Dixon was convicted of First Degree Murder and given Life without the chance of parole despite neither intending to harm anyone nor touching the victim in any way. Yes, it is hard to be sympathetic for the accused when someone had died, even indirectly due to his actions. Yet, we are discussing an immature mind and the act of burglary. This man, who was a boy, was determined to be irredeemable and thrown away with every intention for him to die in prison. When we step back and look at this, can we honestly say this is justice? It is when it comes to the felony murder rule.

Next, a summarized peek at the case of Earnest Jackson. In 1999 a young man (17-years-old) was shot and killed. Three other young men, all friends, including 17-year-old Jackson, were charged with First Degree Murder. Jackson had stated definitively—and never changed—that he was at his aunt’s home playing video games with his cousins when this shooting occurred. He was tried first, and neither of the other two codefendants would testify at his trial, as was their constitutional right, especially since they faced their own murder trials. The jury decided that they did not believe Jackson had not actually pulled any triggers and acquitted him of the Use of a Weapon charge. However, the jury chose to believe he was present and, thereby, under the felony murder rule, he was as guilty as the principal actor in this shooting death. A mandatory life sentence based on perception and a guiding legal principle with no mitigation factors or common sense applied.

Let’s say your son and his buddies go to a school football game. They’re all 18 high school seniors looking to graduate; however, they are still boys and filled with hormones and immature thoughts. A few boys from the other school are talking trash. Both sides begin shouting threats of how they are going to beat and even kill each other. Again, testosterone and immaturity. After the game, one of your son’s friends sees one of the other boys and punches him from behind. That boy dies from a concussion. Due to the threats, the prosecutor determines there was intent than the execution of a plan. Murder charges for everyone, including your son, because under the felony murder rule, he is as guilty as the principal here and, as in Earnest Jackson’s case, he does not even have to be present if the jury believes he was present.

Or maybe your daughter is at a sorority party toasting it up with her friends. She passes out in the passenger side of her sorority sister’s car on their way home. It was an accident, but the other girl drove off. Motor vehicle homicide and leaving the scene of the crime. Both felonies and possible prison time. The other driver died as a direct result of the crash, and the passenger as the police arrived due to cardiac arrest. Two deaths, both as a result—even if one was as indirect, as in Derek Dixon’s case—of the felonious actions. The prosecutor decides to use the felony murder rule, which means these deaths are First Degree Murder. It also means your daughter, considered an accessory, is charged and convicted with the same amount of callousness as the driver.

Guilt by association or wrong place wrong time can lead to more than misplaced blame. It can—and has—led to mandatory life sentences, also known as death by imprisonment, without intent nor actions to kill. It could end up being your neighbor, friend, child, or even yourself, languishing in the purgatory of our prison system will be the final destination.

*Although the names are part of open records, no victims are identified herein with all respect to them and their families. These are tragic cases in which everyone loses. My condolences go to all. Also, the case of Earnest Jackson is one of actual innocence.

Please go to SendEarnestHome.com for further details.