Cases that Illustrate Felony-Murder Rule
Teaching a class on judicial process and politics, I located some interesting cases to illustrate the felony-murder rule. I think it’s an interesting legal doctrine and students were surprised to learn that people could be charged with murder in situations like these.
State v. Frahm, 444 P.3d 595 (Wash. 2019). Joshua Frahm, driving while intoxicated, rear-ended and disabled a vehicle driven by Steven Klase. Frahm fled the scene without assisting Klase, who was seriously injured. Richard Irvine, a Good Samaritan, stopped to help Klase but was fatally injured when another vehicle struck Klase’s disabled car, propelling it into Irvine. The Washington Supreme Court held that Frahm could be charged with the felony-murder of Irvine because his criminal conduct (driving intoxicated and leaving the scene of an accident) directly led to the chain of events resulting in the fatality.
State v. Leech, 790 P.2d 160 (1990). Clyde Dale Leech was convicted of first-degree felony murder after a firefighter, Robert Earhart, died while battling an arson fire that Leech had set in a largely abandoned building. Earhart succumbed to carbon monoxide poisoning after running out of air in his breathing apparatus. Leech argued that Earhart’s death resulted from negligence by Earhart and the fire department, not his arson, and that the death did not occur “in furtherance of” the arson as required by the felony murder statute. The Washington Supreme Court rejected these claims, holding that the firefighter’s death was a foreseeable consequence of arson and occurred in the course of and in furtherance of the crime, as the fire was still burning. The court upheld the felony murder conviction, emphasizing that arson inherently endangers firefighters, and deaths caused by such fires fall within the scope of the felony murder rule.
United States v. Tocco, 135 F.3d 116 (2d Cir. 1998). The defendants were convicted under the felony-murder rule after setting fire to a building in Queens, New York, to collect insurance proceeds. The fire, ignited in the retail clothing store they operated, quickly engulfed the structure, which also housed four residential apartments. During the fire, a firefighter fell to his death while attempting to rescue occupants, and other firefighters and tenants sustained injuries. Evidence showed the fire was intentionally set, with investigators finding distinct accelerant patterns and a staged portable heater meant to suggest an accidental cause. Witnesses linked the defendants to the crime, including testimony that they planned the arson due to financial struggles and intended to profit from insurance payouts. The court found the defendants responsible for the firefighter’s death as it was a direct, foreseeable consequence of the arson, establishing their liability under the felony-murder rule.
The Ryan Holle Case (Fla. 2004). Ryan Holle lent his car to friends who planned to rob a house. During the robbery, one of the friends killed a victim. Holle, who was not present at the scene, was convicted of felony murder and sentenced to life without parole. Not an officially published opinion. Holle’s sentence was commuted by Gov. Rick Scott in 2015.
Hornbeck v. State, 77 So. 2d 876 (Fla. 1955). Samuel J. Hornbeck was convicted of first-degree murder and sentenced to death. The case arose from a robbery committed by Hornbeck and an accomplice, Goldman, at a café. During their escape, Hornbeck and Goldman used hostages to shield themselves while attempting to flee in a stolen car. When police officers confronted them, a shootout ensued, resulting in the death of one officer from a bullet likely fired by Goldman. Hornbeck fled but was later captured. The Florida Supreme Court upheld Hornbeck’s felony-murder conviction, finding that the killing of a police officer occurred during the robbery and attempted escape, thus qualifying as felony murder under Florida law.
Mikenas v. State, 367 So. 2d 606 (Fla. 1978). Mark Mikenas was convicted of first-degree murder and second-degree felony murder following a robbery at a convenience store in Tampa, Florida. During the robbery, Mikenas and his accomplices attempted to escape but were confronted by law enforcement. A shootout ensued, during which Mikenas killed Anthony Williams, an off-duty police officer who had entered the scene to assist. Another officer, Gary Barker, killed Mikenas’s brother, Vito, during the altercation. Mikenas pleaded guilty to first-degree felony murder (of Williams) and no contest to second-degree felony murder (of his brother Vito). The Florida Supreme Court affirmed his convictions.
I don’t have an interesting angle on these cases to suggest for a critical analysis or research article. I just think they are intriguing true crime stories that get people thinking about blame, what makes people guilty, and ideas about responsibility.
