Why Lillo Brancato of the ‘Sopranos’ WILL LIKELY DO major time for a murder he DIDN'T commit.
FELONY MURDER RULE – if a person is killed by a co-felon, during the commission (or attempt) of certain inherently dangerous felonies- such as Rape, Arson, Armed Robbery or in this case, Burglary- both felons can be guilty of murder. Even if the other did not shoot the victim or if the killing was an accident, if the murder was caused with the intent to commit a felony both men can be charged with murder.
Here, Lillo Brancato and the father of his ex-girlfriend, Steven Armento were doing hard drugs (heroin, etc.) together into the wee-wee hours, when Lillo formed a plan to visit a guy for more drugs. High and supposedly unaware that Armento was armed, Lillo knocked, but no one answered the door- turns out the apartment was vacant for weeks. Both menwent to the side alley tapping on a window calling out the man’s name. When no one answered Lillo broke the window; this alarmed off duty police Officer Enchuategui.
BURGLARY – Breaking and Entering of the dwelling house of another in the nighttime with intent to commit a felony therein.
If Lillo broke the window, with the intent to steal drugs from the dwelling then a felony was committed even if Lillo didn’t enter the home- which is a fact in dispute. When the officer ‘officially’ confronted them, Armento exchanged fire with the officer. All three men were shot; only the officer died.
Therefore, Lillo will likely be convicted of Felony Murder if the prosecutor can prove to jurors, beyond a reasonable doubt that:
- The felony committed was a 'dangerous' felony.
- The felony was a relatively independent crime from the killing to avoid a 'merger.'
- One of the felons was the direct cause of the Officer's death.
- The death was caused during the commission of a felony.
Lillo's lawyer has a few windows of opportunity to raise a reasonable doubt: showing that Lillo had absolutely no idea that Armento was armed and or showing that by loudly calling the apartment owner's name out, it shows that Lillo formed no intent to burgle him.
TAKEAWAY - DO NOT do drugs. As the people who will tell you, "My life is great all because I did drugs," compared with those who will tell you their life is all F'ed up beause of taking drugs are infinitesimally small, like 1 in a 1 million. Realistically, if you happen to decide to experiment with drugs, make a safe plan and DO NOT veer from it and most importantly make sure no one has any dangerous weapons.
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