First Degree Murder- Man dies from shot wound by accomplice during robbery

New paper Artical: 

Finger, Stan. "Man with Two Gunshot Wounds Dies”. Wichita Eagle, Local and Breaking News for Wichita and Kansas.The Wichita Eagle, 21 Jan. 2011. Web. 19 Nov. 2011.

WICHITA — Andre Lovett was in the midst of a robbery when he was inadvertently shot and fatally wounded by his accomplice, Wichita police said today.
Lovett, 30, died at about 11 a.m. Thursday at Wesley Medical Center, where he had been dropped off the night before by someone driving a blue Chevy Uplander, Lt. Ken Landwehr said.
"We believe the individual that drove the Uplander is the partner in the robbery," Landwehr said.
The vehicle was found in southeast Wichita Thursday, but police are still looking for the shooter.
Lovett and his partner were in the process of robbing four people at a rental house at 1822 N. Minneapolis when the shooting occurred, Landwehr said.
The four victims in the house scattered after the shooting, but police have since been able to interview three of them. They're still looking for the fourth victim.
The victims told police the shooting appeared to be accidental, Landwehr said.
The suspect is described as a black man in his 30s, about 6-foot-3 and between 280 and 300 pounds.
Lovett's death is the first homicide of 2011 in Wichita, Landwehr said.

My Criminal Analysis:

Andre Lovett and another man attempted to rob a residence with four individuals inside at the address of 1822 N. Minneapolis. In the process of the robbery Andre’s accomplice shot him, which seemed to be by mistake. The four victims in the house ran when the shoots went off. Andre was dropped off at the Wesley Medical Center. The security camera caught the victim being dropped off at the ER in a blue Chevy Uplander.

 Later while in surgery, Andre Lovett (age 30) died due to the two gunshot wounds. Andre was wounded once in his left arm and there was another wound in his left lower side. Surgeons could not determine if he was shot twice or if the same bullets struck him twice, through his arm then the torso. The victims in the house said it seemed that his accomplice shot him by accident. However there have been no further clues or information. Investigators are still search for the driver of the blue Chevy Uplander and the homicide victims accomplice.

Legal Elements:

K.S.A 21-3401(b) would be the best fit for this case of the suspect once caught. The Kansas statue is for Murder in the first degree. K.S.A 21-3401(b)- Murder in the first degree is the killing of a human being committed: in the commission of, attempt to commit, or flight from an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto. Murder in the first degree is an off-grid person felony. This statue is the best fit for this crime due to the fact that the suspect was in the process of an armed robbery, which is a felony.

 Therefore an attempt of statue: K.S.A 21-3427. Aggravated robbery will also be included. Which stated that aggravated robbery is a robbery, as defined in K.S.A. 21-3426 and amendments thereto, committed by a person who is armed with a dangerous weapon or who inflicts bodily harm upon any person in the course of such robbery. Therefore the suspect will be charged with first degree murder and attempt aggravated robbery.

21-3301. Attempt. (a) An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.

Factual Elements:

The act of the case is that the two men were in the process of robbing a house with four people in it. The intent shows to be recklessness. Due to the suspect/accomplice bringing a loaded gun into the scene, it would be known that someone could have gotten injured or they had planned on hurting someone while robbing the residence not realizing it could be one of them. This shows the two men meant to do the act of the robbery, but the harm of Andre by his accomplice was not expected from him. Due to the reckless behavior during the robbery the victim, Andre Lovett, ended up getting shot and later dying from the wounds, which is the harm of the case. Therefore the act did concur with the intent, which caused the harm.

Independent Evaluation

The difficult finding would be to figure out the factual elements of the suspect’s intent. This is because without more information or the half of the suspect’s story the intent cannot be fully figured out. With the only evidence there is at this time we would assume that the accomplice did not mean to shoot Andre. We can only assume that this was done by accident