Handing off a loaded gun and driving the get-away car aren't enough to establish aiding and abetting liability for murder

Curtis L. McKnight and Robert H. Pumphrey v. United States, Nos. 12-CF-825 and 12-CF-1007 (decided October 30, 2014).

Players:  Associate Judges Glickman and Easterly, and Senior Judge Pryor.  Opinion by Judge Easterly.  Dissent by Senior Judge Pryor.  Craig N. Moore for Curtis L. McKnight.  Julian S. Greenspun for Robert H. Pumphrey.  Trial Judge William M. Jackson. 

Facts:  The government’s case against Mr. McKnight and Mr. Pumphrey rested on the testimony of Shanicka Adams.  Ms. Adams testified that from her bedroom window, she had observed Mr. McKnight and Mr. Pumphrey standing by Mr. Pumphrey’s car, while Mr. McKnight and the decedent argued.  The decedent then got out of his car and began searching through his trunk.  Mr. Pumphrey said, “He’s looking for something, he’s looking for something,” as the decedent rummaged through the trunk of his car.  Mr. Pumphrey then retrieved a gun from the passenger side of his car and handed it to Mr. McKnight. Mr. McKnight shot and killed the decedent.  Mr. Pumphrey drove Mr. McKnight away in Mr. Pumphrey’s car.  Mr. Pumphrey was convicted of second-degree murder while armed, under an aiding and abetting theory. 

Issue: Whether there was sufficient evidence for the jury to conclude that Mr. Pumphrey intended to commit second-degree murder while armed. 

Holding: No. 

Of Note:

This case can be helpful in establishing the limits of aiding and abetting liability.  At 2:00 a.m., Mr. Pumphrey observed his co-defendant arguing with the decedent.  As the decedent searched through his trunk, Mr. Pumphrey warned his co-defendant that the decedent was looking for something.  Mr. Pumphrey then retrieved a loaded gun from his car and gave it to his co-defendant, who shot the decedent.  Mr. Pumphrey drove his co-defendant from the scene.  Nonetheless, there was no evidence “from which one could determine that Mr. Pumphrey intended Mr. McKnight to shoot [the decedent] or should reasonably appreciated that there was an extreme risk that Mr. McKnight would do so.”  Slip op. at 11.  NG

Read full opinion here.