He committed a “provocative act” that led to the victim’s death.
In July, Los Angeles resident Gene Atkins shot his grandma seven times and then kidnapped and injured his girlfriend. He then fled from the police, and crashed his car outside of the Silver Lake Trader Joe’s. At that point, Atkins — who was armed — ran into the Trader Joe’s and took hostages.
During the ensuing standoff, which lasted three hours, the Los Angeles Police Department (LAPD) surrounded the Trader Joe’s store. They exchanged gunfire with Atkins as some hostages were able to walk out of the store with their hands up, and others escaped out of a back window. Ultimately, one woman, Melyda Corado, was shot and killed when she walked into the parking lot. The LAPD has admitted that one of its officers fired the fatal bullet as it exchanged gunfire with Atkins.
Atkins was ultimately arrested, and charged with murder, attempted murder and kidnapping. His grandmother has required multiple surgeries to date, and both her condition and the condition of his girlfriend are unknown. Six people were wounded as a result of the hostage situation at the Trader Joe’s, and one woman — Ms. Corado — was killed.
If Mr. Atkins did not fire the bullet that killed Ms. Corado, how can he be charged with her murder? According to a Los Angeles criminal defense lawyer, the prosecutor can charge Atkins under what is known as California’s provocative acts doctrine. This statute allows prosecutors to charge a defendant in a criminal case with murder if they can prove that the victim’s death was the “natural and probable consequence” of his provocative acts — even if he was not actually the person who killed the victim.
So what exactly is a “provocative act” — and when can a prosecutor use this doctrine? As a Los Angeles criminal defense lawyer can explain, a provocative act is any act that goes beyond what is necessary to accomplish a crime, and whose natural and probable consequences are dangerous to human life, because there is a high probability that the act will provoke a deadly response. In this case, when Atkins was fleeing from the police, taking hostages at a crowded grocery store on a Saturday afternoon went beyond what was necessary to accomplish the crime — and the natural and probable consequence of taking hostages at gunpoint is dangerous to human life.
To prove that Atkins is guilty of murder under the provocative acts doctrine, a prosecutor must show that:
- In committing or attempting to commit a crime, Atkins intentionally did a provocative act;
- Atkins knew that the natural and probable consequences of the provocative act were dangerous to human life and then acted with conscious disregard for life;
- In response to Atkins’ provocative act, the police killed Ms. Corado; AND
- Ms. Corado’s death was the natural and probable consequence of the Atkins’ provocative act.
If the prosecutor can prove these four elements, then Atkins may be guilty of murder under this doctrine — even though he didn’t fire the fatal bullet.
Because California criminal law can be complicated, having a highly skilled Los Angeles criminal defense lawyer is necessary to protect your rights and freedom. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today if you have been charged with a crime.
