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even though he didn't have anything to do with it? It was the firefighter's partner that killed him when he ran over him going at a speed of 5 miles per hour.
This is a very unfortunate situation all around. I don't think the firefighter driving the fire truck is at fault. Stephens was struck by the firetruck being driven at less than 5 mph, in reverse. It occured in the dark, underneath a bridge overpass, amid chaos.
But I feel for the guy that set the fire too. Vasquez was only 19 years-old and homeless. I know you're legally considered to be an adult at that age, but think back to when you were 19. I know I was really still just a kid. And living at home. Where is this guy's family? He didn't even have a cousin or someone that would take him in? That's a pretty desperate move, to squat in an an empty home and set a fire to keep warm. Of course, I don't know his story. Maybe he's an illegal. I don't know.
Unfortunately, we still have many more weeks of cold winter weather ahead, the economy continues to sink, and people continue to lose their jobs and homes. I think homeless people squatting in foreclosed properties is going to become more and more commonplace. I think they are charging this guy with felony murder partly to set an example.
The felony murder rule broadens the scope of the definition of 'murder' to include the death of victims that occur as a result of a violent felony, even if the victim dies accidentally. Arson is such a violent felony crime. The felony murder rule is designed to hold perpetrators responsible for ALL outcomes and consequences of the violent felony. There doesn't need to be intent.
However, I don't know if there is enough proximate cause to justify the felony murder charge, meaning, are the chain of events that happened between the fire being set, and the firetruck hitting Stephens, too remote and far-fetched to legally be considered felony murder? I think it's highly debatable.
If Vasquez's fire had lead to the neighboring homes catching fire and causing the death of its occupants, that would certainly be felony murder.
If Vasquez's fire had caused an explosion that snapped a telephone pole in half, falling on Stephens, causing major head trauma and then ultimately death, that would be felony murder.
But can you legally argue that Vasquez's fire caused the firetruck to hit Stephens? It's a hard call.
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