The accusation that Cheyenne Phillips was an accessory to Hayes is unfounded based on the current evidence. None of the states Phillips was in made it a crime to fail to report a crime. Nor did any of them make it a crime to be with the criminal, or happy during the crime, or not protesting the crime. The legal codes from Kentucky, South Carolina, Georgia, and Florida are all reviewed below. Kentucky Revised Statutes 502.020 Liability for conduct of another -- Complicity (1) A person is guilty of an offense committed by another person when, with the intention of promoting or facilitating the commission of the offense, he: ...(b) Aids, counsels, or attempts to aid such person in planning or committing the offense; ... There is no evidence Phillips had provided aided, counseled, or attempted to aid Hayes in committing any of the offenses. There is also no evidence Phillips intended to promote or facilitate the commission of any of the offenses. South Carolina Code of Laws SECTION 16-1-40. Accessory. A person who aids in the commission of a felony or is an accessory before the fact in the commission of a felony by counseling, hiring, or otherwise procuring the felony to be committed is guilty of a felony and, upon conviction, must be punished in the manner prescribed for the punishment of the principal felon. There is no evidence Phillips aided in the commission of a felony or provided counseling, hiring, or other persuasion to have the felonies be committed. Georgia Code 16-2-21 Prosecution of parties who did not directly commit the crime Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto... 16-2-20 When a person is a party to a crime (a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime. (b) A person is concerned in the commission of a crime only if he: ...(3) Intentionally aids or abets in the commission of the crime... There is no evidence that Phillips (intentionally or unintentionally) aided or abetted in the commission of the crime. Florida Statutes 777.03 Accessory after the fact.— (1)(a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact. There is no evidence Phillips maintained or assisted Hayes, or aided him in any other way. Nor is there evidence that Phillips knew that Hayes was committing a third degree felony.
Posted on: Wed, 21 Jan 2015 03:00:24 +0000
Trending Topics
Recently Viewed Topics
© 2015