Juan Escobar Case study
Juan Escobar is liable to be charged and convicted in a federal court on charges of murder in the first degree and the use of a firearm to commit a violent crime. Thus the two main issues of determination are whether Juan Escobar is guilty of murder in the second degree under the United States Penal Code Chapter 51 section 1111 and whether Juan Escobar is guilty of use of a firearm to commit a violent crime as prescribed under Title 18 of the US Crime and Criminal Procedure Code section 924 (c).
As to whether Juan Escobar is guilty of murder in the first degree under United States Crime and Criminal Procedure Code Chapter 51 section 1111, it is my submission that Juan Escobar can be convicted of murder in the first degree. Under section 1111(a) of the United States Crime and Criminal Procedure Code, a person is guilty of the offense of murder in the first degree if that persons willfully and in any kind kills a person through any premeditated design meant to effect the death of any other person other than the one who is killed. However, murder in the second degree is treated under section 1111(a) of the United States Crime and Criminal Procedure Code as any other malicious killing other than that prescribed as the first-degree murder. Scholars posit that second-degree murder is the killing of a person without malicious premeditation by the offender (Keedy). Accordingly, in this case, Escobar killed Vic in a scuffle where Vic had intervened when Escobar confronted his Girlfriend as an angry reaction to Vic’s attempts to prevent Vic from taking his Girlfriend from the party. Whereas Vic’s carrying of the firearm may demonstrate his malicious intent to kill his Girlfriend, the events following Vic’s shooting negate the malicious aforethought as Escobar does not kill his Girlfriend but damps her on the road.
Indeed the Supreme Court of California in (People v Thomas ) where the appellant had been convicted of second-degree murder the court held that where the offender had killed Bernice out of a product of a bout of anger purely not premeditated before the confrontation and as a consequence of provocation then the accused was guilty of the murder of the second degree. Similarly, Escobar killed Vic as a consequence of anger fueled by his relationship with his Girlfriend and Vic’s act of intervention. In conclusion, Escobar is guilty of murder in the second degree for killing Vic.
As to whether Escobar is guilty of the use of a firearm to commit a violent crime, it is my submission that indeed his actions meet the criteria under section 944(c) of the United States Crime and Criminal Procedure Code. Under subsection 924(c)(iii) of the US Code, if a person discharges a firearm and uses the firearm to commit another violent crime punishable under the United States laws such a person is liable to imprisonment of up to ten years unless the other violent crime prescribes a greater minimum sentence.
The court in (Bailey v United States ) defined the use of a firearm as the brandishing or firing of a firearm to commit a crime against a person within the jurisdiction of the United States. Accordingly, Escobar used a gun to shoot at Vic three times leading to his death. Before Escobar shooting Vic, he had assaulted his Girlfriend by forcefully grabbing her arm and forcing her to leave with him. The court in (State v Sepulveda) held that whereas manslaughter and other murders other than first-degree murder lack intention, the act of pulling out a gun or evidence of the assault is sufficient to demonstrate an intention to commit a felony which requires malice aforethought to sustain a charge of use of a firearm to commit a crime of violence or felony. Equally, Escobar is guilty of assaulting his Girlfriend and pulling out a gun against Vic which shows a violent crime and intention to commit a felony respectively. In conclusion, he is guilty of using the firearm to commit a violent crime as per section 924(c) of the US Code.
Works Cited
Bailey v United States . No. 516 U.S. 137. United States Supreme Court. 1995.
Keedy, Edwin R. “History of the Pennsylvania Statute creating degrees of murder.” University Of Pennsylvania Law Review 97.6 (1949): 759-777.
People v Thomas . No. Crim. No. 4551. Supreme Court of California. 7 February 1945.
State v Sepulveda. No. 775 N.W.2d 40. Supreme Court of Nebraska. 2009.
