People v. Hickman, 12 Ill.App.3d 412 (1973) p520.
Subject:
Unintentional homicide
Facts:
D and several others were surprised by police as the were emerging from a robbery. They attempted to escape and ran through the bushes while in the meantime Sergeant Cronk ran to the rear of the warehouse where he noticed two people running. He yelled halt, several times but the commands were ignored. He lost sight of the two people, but within seconds, thereafter he saw a man carrying a handgun running towards him. He thought this person was one of the burglars and fired his shotgun at the individual. He later discovered this person to be Detective William Loscheider of the Joliet police force. Losheider was killed by this shot from his fellow officer’s gun
Procedure:
None mentioned.
Issue:
Must the shooting which caused the death of an innocent victim must have been performed by the defendants or someone acting in concert with them in order to comply with the requirements of the felony-murder doctrine?
Rule:
He whose act causes in any way, directly, or indirectly the death of an innocent victim is guilty of murder by virtue of the felony-murder rule.
Holding:
The shooting which caused the death of an innocent victim need not have been performed by defendants. Therefore the trial courts ruling must be reversed and this case is remanded for sentencing of the defendants for the crime of murder.
Rationale:
The victim in this case was an innocent third party. There should be no doubt about the justice of holding a felon guilty of murder who engages in a robbery followed by an attempted escape and thereby inevitably calls into action defensive forces against him, the activity of which results in the death of an innocent human being.
Policy/Notes: