Page

of 2

ZOOM

Module 12 Exercises In Critical Thinking On July 8, Mike O'Brien came to an apartment building with five minors to purchase marijuana from a minor who lived in the complex. A group of minors (gang members) was also present in the parking lot for the same purpose. A number of the youths congregated around O'Brien's car, a classic 1966 Chevrolet Impala that O'Brien was in the process of restoring. Fred Fidel (a member of a rival neighborhood gang) pulled into the parking lot and attempted to pull his vehicle partway into the limited space next to O'Brien's car, almost hitting it. Although none of the building's tenants were assigned designated parking spaces, Fidel habitually parked in the spot directly adjacent to the spot in which O'Brien had parked and in which many of the youths were standing. Although other parking spaces were available, Fidel pulled up to the spot where the youths were standing and repeatedly honked his horn. At the time, O'Brien told Fidel, "If you scratch my car, I'll kick your ass." Fidel got out of his car, entered into an altercation with O'Brien, and pulled out a knife, brandishing it back and forth in front of O'Brien. O'Brien initially backed away as Fidel walked toward him. Fidel got back into his car and attempted to pull further into the parking space. Fidel then got out of his car, leaving it in such a position that O'Brien would be unable to move his car to leave. As Fidel walked toward the building, Obrien went toward him, advising Fidel that he was blocking O'Brien's car and offering to move it for him. During this second confrontation, Fidel again pulled out his knife, O'Brien told him, "Back off; everything is cool." Fidel, however, grabbed O'Brien by the shirt with one hand as O'Brien tried to remove himself from Fidel's grasp and thrust the knife into O'Brien's chest with his other hand. O'Brien was interviewed by the police on the scene, but he bled to death before medical care could be administered. When Fidel was questioned by police, he at first denied possessing a knife or knowing anything about the stabbing. After a few minutes, he changed his account of the event and claimed self- defense. 1. Given the conflicting testimony between the members of the gang and Fidel, is there significant evidence to arrest Fidel for second-degree murder? A. Numerous witnesses give probable cause to believe that Fidell committed felony murder, and therefore, Fidel should be arrested. B. Because the only witnesses are juvenile gang members whose testimony is suspect, prosecution will be nearly impossible; Therefore, Fidel's testimony should be recorded, because he should not be arrested. C. As Fidel clearly was outnumbered and likely felt insecure, he probably wanted only to intimidate O'Brien; So, there is insignificant cause to arrest Fidel for second-degree felony murder. D. Because of the intended purchase of the drugs, Fidel can be arrested for first-degree intentional murder. E. Because it is Fidel's word against the gang's, both negate each other, leaving insufficient evidence for arresting and convicting Fidel of second-degree felony murder.