South Carolina v. Harry

Petitioner and his “enlisted cohorts” went to, in petitioner’s estimation, peacefully retrieve his forty-seven-inch plasma-screen television from Kevin Bowens (Victim). Victim was shot and killed on his property by one of Petitioner's accomplices during the confrontation. Petitioner was convicted of murder. The State contended the evidence demonstrated that Petitioner intended to retrieve his television by any means necessary, including the use of force. According to the State, Victim's death was therefore a natural and foreseeable consequence of Petitioner's plan to retrieve his television and, under the theory of accomplice liability that says the “hand of one is the hand of all,” Petitioner was guilty of murder. Petitioner countered he only wanted to peacefully reclaim his television, he had no idea his accomplice was armed, and he actually tried to be a calming influence when the situation became tense. The court of appeals affirmed, holding the trial court properly denied Petitioner's motion for a directed verdict. Finding no reversible error in that judgment, the South Carolina Supreme Court affirmed. View "South Carolina v. Harry" on Justia Law