Case library · Chain Reaction
The Party Shooting
People v. Cervantes (2001)
Charge: Murder (provocative-act theory)Court: Supreme Court of CaliforniaState: CaliforniaDocket: Chain Reaction
The facts
At a birthday party thrown by one street gang, a member of a rival gang argued with a partygoer over a woman and shot him, wounding him. Tempers flared among the guests. A short time later, members of the host gang spotted another man from the shooter's gang leaving the party and shot him dead. The first shooter did not fire that fatal shot. Prosecutors say his shooting provoked the killing. The law can make a person guilty of murder when his dangerous act provokes others into a killing. He was charged with murder.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: People v. Cervantes, 26 Cal. 4th 860, 29 P.3d 225 (2001)
Read more at law.justia.com. The source reveals the outcome.