Question
Jessie is a gang member and has been involved in a gang for five years. One day, Jessie is approached by Joe who asks him
Jessie is a gang member and has been involved in a gang for five years. One day, Jessie is approached by Joe who asks him to go along with him to do a drive-by shooting on the house of a rival gang member. Rob is there watching the discussion between Joe and Jessie. Jessie agrees and gets into the car's backseat and loads the gun that Joe intends to use during the drive-by, and then hands it to Joe. Rob is driving the car. On the way to the target house, Joe tells Jessie that there might be some young kids inside the house that they intend to shoot at.
Jessie immediately started to complain, saying that he didn't mind helping with the drive-by because the rival gangsters inside had shot at him before, but that he didn't want any kids to get shot. When they are right in front of the target house, Rob slows to a stop and Joe leans out the side window while pointing the gun at the target house. Just as Joe is about to fire the gun, a drunk driver crashes hard into the back of their car, causing the gun to jerk up and the bullet to fly over the house. The three are badly injured and taken to the hospital. The police find the gun that Jessie loaded and that Joe had been holding during the crash laying right next to the car. They interview Rob, who confesses to the plan to do the drive-by shooting and also tells them about Jessie and Joe's role in the whole thing and agrees to testify against the other two.
What is the legal role of each of the three men? Are they "Principals", "Accessories" or "Accomplices"? Who is what? What crime did they commit: Conspiracy, 664/246 of the Penal Code (Attempted Shooting Into an Inhabited Dwelling) or something else? Are they all guilty of the same thing?
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