Elkhart Four – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-7/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-7/#respond Tue, 28 Apr 2015 03:02:42 +0000 http://lawstreetmedia.wpengine.com/?p=39121

ICYMI: Check out the top three articles of the week from Law Street.

The post ICYMI: Best of the Week appeared first on Law Street.

]]>

ICYMI, check out the most popular articles of the week from Law Street, including the safest and most dangerous metro areas in the county, as well as the Elkhart Four’s case in front of the Indiana Supreme Court.

#1 Crime in America 2015: Top 10 Safest & Most Dangerous Metros in the Midwest

The Springfield, Illinois metro area is the number one most dangerous metro in the Midwest. According to the latest crime data from the FBI, which covers calendar year 2013, the Springfield metro had a rate of 768 violent crimes per 100,000 people. On the other end of the spectrum, the Wausau, Wisconsin metro is the safest in the Midwest with 93 violent crimes per 100,000 people. Read full article here.

#2 Crime in America 2015: Slideshow of the Top 15 Most Dangerous Metro Areas

While crime in the United States has been trending down for quite some time, some metropolitan statistical areas continue to experience relatively high rates of violent crime. According to the latest crime data from the FBI, which covers calendar year 2013, the Memphis metro area leads not only the South in violent crime, but also the country as a whole. Read full article here.

#3 The Elkhart Four Await Indiana Supreme Court Decision

The Dzhokhar Tsarnaev and Aaron Hernandez trials have dominated courtroom coverage in recent months. But with guilty convictions being handed down in both cases and Tsarnaev’s sentencing still pending, there’s a case awaiting a decision from the Indiana Supreme Court that deserves America’s attention for a while–the Elkhart Four case. Read full article here.

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-7/feed/ 0 39121
The Elkhart Four Await Indiana Supreme Court Decision https://legacy.lawstreetmedia.com/news/case-watch-indy-supreme-court-may-rule-elkhart-four/ https://legacy.lawstreetmedia.com/news/case-watch-indy-supreme-court-may-rule-elkhart-four/#respond Tue, 21 Apr 2015 13:30:07 +0000 http://lawstreetmedia.wpengine.com/?p=38369

The Elkhart Four were convicted of murder despite not killing anyone. Will that conviction hold up?

The post The Elkhart Four Await Indiana Supreme Court Decision appeared first on Law Street.

]]>
Image courtesy of [Tim Samoff via Flickr]

The Dzhokhar Tsarnaev and Aaron Hernandez trials have dominated courtroom coverage in recent months. But with guilty convictions being handed down in both cases and Tsarnaev’s sentencing still pending, there’s a case awaiting a decision from the Indiana Supreme Court that deserves America’s attention for a while–the Elkhart Four case.

The “Elkhart Four” was the nickname given to four teenagers from Elkhart County, Indiana who in 2012 were charged with murder after their fifth accomplice, Danzele Johnson, 21, was shot. Johnson was killed by the scared homeowner when the group attempted to burglarize what they thought was an empty home. Levi Sparks, now 20; Jose Quiroz Jr., 19; Blake Layman, 18; and Anthony Sharp Jr., 20, are each currently serving a five-decade sentence in prison, having become convicted murderers without ever killing anyone. If you’re asking how that could even be possible, the answer is a charge called felony murder.

Felony murder dictates that if someone dies in the commission or attempted commission of a felony everyone responsible for the felony can be charged with first-degree murder. When trying a felony murder case, the prosecutor does not need to prove there was intent to commit a murder, just intent to commit the initial crime–in this case the burglary.

What makes the Elkhart Four case so strange is that in most states felony murder can only be charged if an innocent person is killed, not if the person who is killed is also a perpetrator.

Timothy O’Neill, a law professor at John Marshall Law School in Chicago told the Indianapolis Star,

It’s one thing to say you commit a robbery or a theft. You’re not saying the person is a completely innocent person. Blameworthiness for theft doesn’t necessarily turn a person into a murderer. There’s a disconnect.

In October Layman, Sharp, and Sparks asked for their cases to be transferred to the Indiana Supreme Court. On February 26, 2015 the Supreme Court held oral arguments on the Elkhart case, but the justices have yet to decide whether or not to rule on the case. Quiroz, who was the only one of the four to plead guilty to the charges, has never asked the Court of Appeals to overturn his conviction.

According to the Indianapolis Star, Indiana Public Defender Council Executive Director Larry Landis finds the felony murder law unjust and plans to push for reformative legislation next session, but he admits that “legislators are not likely to support a bill that, in essence, helps people who have committed a crime.” Landis said,

It’s much safer to sponsor a bill that increases the penalty for a crime. No one has ever lost an election for supporting a law to enhance penalty on a criminal.

Now we’re all waiting to see what the Indiana Supreme Court will do. If it decides to rule on the case and grants three of the Elkhart Four an appeal, the decision would give ammo to critics lobbying for the law’s repeal. While the felony murder law was intended to hold people accountable for committing dangerous acts that result in someone’s death, its misses the mark when individuals aren’t culpable. It will be interesting to see what the state Supreme Court decides in this case, but there’s no justice in sentencing teen boys to spend most (if not the rest) of their lives behind bars as convicted murders without even killing anyone.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post The Elkhart Four Await Indiana Supreme Court Decision appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/case-watch-indy-supreme-court-may-rule-elkhart-four/feed/ 0 38369