Found Deceased IN - Abby & Libby - The Delphi Murders - #155 *Richard Allen Arrested*

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Tons of people are jumping to this conclusion, unfortunately.

It's not out of the realm of possibility though. In Indiana, if someone commits a felony and someone is murdered by someone else during that crime, that person can in fact be charged with murder.

Yes I’m not sure why people might think a plain and simple murder charge against somebody else ought to accompany the charge RA is facing as if it indicates he wasn’t directly involved in the murders.


Last week when Sheriff Leazenby got word that an arrest was being made in Abby and Libby’s murder, we asked if there was some hesitation of getting his hopes up.

“Based on what the investigators shared with me my answer is no. I felt very confident with what they had gained,” said Sheriff Leazenby…”

 
Tons of people are jumping to this conclusion, unfortunately.

It's not out of the realm of possibility though. In Indiana, if someone commits a felony and someone is murdered by someone else during that crime, that person can in fact be charged with murder.
I'm curious who these tons of people are?
 
I'm curious who these tons of people are?
So I have never thought RA was not charged with "actual" murder, but I did post about this today because the wording is confusing.


"Allen faces two counts of felony murder, a charge that can be filed against a defendant who may not have actually killed someone but participated in the events leading to their deaths."
 
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Right after the news broke about RA's arrest, one of the local (IN) news anchors was actually on location at the bridge and she made a comment about how difficult it is to walk across the bridge, and if you're not a local that is familiar with it, it would be a tough thing to cross (paraphrasing her comments). For me, it explained in a much clearer way, why "BG" was walking the way he was. I think he (RA) has a usual gait, but walking across the rickety old bridge would make anyone walk oddly.

jmo
Yes, the bridge was described as rickety and missing planks. It also explains why people look at their feet walking across it.
 
This keeps getting messed up. This is NOT a Felony Murder charge. It is a MURDER CHARGE. "(2) kills another human being while..." means YOU KILLED SOMEONE and also did something gross like molestation, etc. You would not be charged under this statute unless YOU KILLED SOMEONE.
That's not correct. That may be a logical reading of the words of the statute, but that's not how the courts interpret it.

For example, here's an Indiana case where a man was convicted of murder under that exact part of the statute for an attempted robbery: Johnathon Exum v. State of Indiana

The intended victim pulled a gun on the defendant and his accomplices, the defendant fled, but his accomplice was shot and killed. He was convicted of murder under the felony murder subsection of the statute even though he wasn't the shooter and it was his friend who was killed.

Here's what the court said about that subsection of the statute:

Our legislature has pronounced that "A person who . . . kills another human being while committing or attempting to commit . . . robbery . . . commits murder, a felony." Ind. Code § 35-42-1-1(2). In its interpretation of this statute, our supreme court has determined that the State need not prove intent to kill, only the intent to commit the underlying felony. Vance v. State, 620 N.E.2d 687, 690 (Ind. 1993). Our supreme court further held in Palmer v. State, 704 N.E.2d 124, 126 (Ind. 1999), that the statutory language "kills another human being while committing" does not restrict the felony murder provision only to instances in which the felon is the killer, but may also apply equally when, in committing any of the designated felonies, the felon contributes to the death of any person. Citing, I.C. § 35-42-1-1(2); see also, Jenkins v. State, 726 N.E.2d 268 (Ind. 2000) (co-perpetrator was shot and killed by robbery victim and the defendant was convicted of felony murder for that death). The Palmer court used this interpretation of the felony murder statute to uphold a conviction of Palmer for the murder of his co-perpetrator who had been shot by a law enforcement officer.

So all that's required is that the felony the defendant intended to commit 'contributes to the death of any person.' They don't have to be the killer themselves.
 
I watched the Down the Hill documentary a few days ago and the bridge has no railings and looks narrow and difficult to walk across, I personally would think that someone walking across very drunk would end up falling off!
Looking at pictures of the bridge makes me wildly uncomfortable, even when I try to separate it from the horrible tragedy. That bridge is treacherous and, IMO, no way a drunk person could cross it uneventfully. I'm half RA's age, in good health, and as I said before, like hell would I set foot on that bridge stone cold sober, much less intoxicated! I know he was allegedly an alcoholic IMO but I just can't see it for the murders.
 
That's not correct. That may be a logical reading of the words of the statute, but that's not how the courts interpret it.

For example, here's an Indiana case where a man was convicted of murder under that exact part of the statute for an attempted robbery: Johnathon Exum v. State of Indiana

The intended victim pulled a gun on the defendant and his accomplices, the defendant fled, but his accomplice was shot and killed. He was convicted of murder under the felony murder subsection of the statute even though he wasn't the shooter and it was his friend who was killed.

Here's what the court said about that subsection of the statute:

Our legislature has pronounced that "A person who . . . kills another human being while committing or attempting to commit . . . robbery . . . commits murder, a felony." Ind. Code § 35-42-1-1(2). In its interpretation of this statute, our supreme court has determined that the State need not prove intent to kill, only the intent to commit the underlying felony. Vance v. State, 620 N.E.2d 687, 690 (Ind. 1993). Our supreme court further held in Palmer v. State, 704 N.E.2d 124, 126 (Ind. 1999), that the statutory language "kills another human being while committing" does not restrict the felony murder provision only to instances in which the felon is the killer, but may also apply equally when, in committing any of the designated felonies, the felon contributes to the death of any person. Citing, I.C. § 35-42-1-1(2); see also, Jenkins v. State, 726 N.E.2d 268 (Ind. 2000) (co-perpetrator was shot and killed by robbery victim and the defendant was convicted of felony murder for that death). The Palmer court used this interpretation of the felony murder statute to uphold a conviction of Palmer for the murder of his co-perpetrator who had been shot by a law enforcement officer.

So all that's required is that the felony the defendant intended to commit 'contributes to the death of any person.' They don't have to be the killer themselves.
True, and another example is the Elkhart Four from Indiana.

But I would be shocked in this case if it turns out that RA is being charged for anything less than the actual, physical and direct murder of Libby and Abby.

Here is a paraphrased transcript of Carter’s interview with I-Team 8:

I-Team: Allen was charged. The statute that he is charged under, the murder charge, also indicated that he has to have committed another crime, like rape, child molestation or human trafficking. Is charged properly?

Carter: He is, and those questions will be answered in due time, and they certainly should come from the prosecutor and not from me, but eventually when that PC (probable cause affidavit) is released that will be clear.

 
The Monon High Bridge is a railroad trestle. There are actually gaps between the ties on the bridge. It isn’t meant for human traffic but sometimes people cross it. It would be a treacherous crossing except for the calm and brave so sometimes it’s done as a dare.
 
It seems impossible that RMA hasn’t committed any crimes before this … how does he have no record?? Used aliases ?? JMO speculation
If I remember correctly he does have a minor criminal record. If I recall correctly it has been reported he has used an alias, I have seen no confirmation of that by LE tho.
Bundy had no record. Countless other animals have or had no record. It does not mean they are/ were "clean".
 
Tons of people are jumping to this conclusion, unfortunately.

It's not out of the realm of possibility though. In Indiana, if someone commits a felony and someone is murdered by someone else during that crime, that person can in fact be charged with murder.
Please link the Indiana penal code that says this. ALL the sections under Indiana's Murder charge state "You killed a human and......."
 
So I have never thought RA was not charged with "actual" murder, but I did post about this today because the wording is confusing.


"Allen faces two counts of felony murder, a charge that can be filed against a defendant who may not have actually killed someone but participated in the events leading to their deaths."
In my opinion this is just bad journalism. See the Indiana law for murder posted previous in this thread. Or google Indiana Murder law.
He is charged under the second (2) count.
It does not leave room for someone without blood on their hands.
 
Please link the Indiana penal code that says this. ALL the sections under Indiana's Murder charge state "You killed a human and......."
MOO I don’t think any state’s laws are different than Indiana in this respect. If a murder occurs during the commission of a felony, that means murder is charged as well.
 
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