Berkeley Police's Cover-up

  If Drew acted in self-defense, then who is responsible for the death of Christopher Wootton?  The members of the Sigma Pi fraternity who threatened Drew and Adam, who followed them up the street, and who repeatedly, and very loudly told Drew and Adam they were going to "kick their ass", and who then surrounded Drew and Adam in the parking lot, kicking and punching them.    Arrests of Drew and Adam’s attackers would mean official acknowledgment that Drew (and Adam) acted in self-defense.

Under California’s felony murder rule, Drew’s attackers could -- and should -- have been charged with First Degree Murder for the death of Christopher Wootton.  The felony murder rule establishes culpability for murder if a death occurs – even if unintentional or accidental, or even by the actions of another person – in the course of committing a felony.  Assault is a felony.  All the Sigma Pi members committed assault when they attacked Drew and Adam.  Can you envision the Alameda County district attorney charging U.C. student fraternity members with first degree murder?  Of course not, and neither could the Alameda County District Attorney.  [Favored parties get preferential treatment.]

 

Drew should never have been charged with murder.  There is no murder without malice, and there is no malice in self-defensive behavior.