English v. United States
25 A.3d 46
D.C.2011Background
- April 18, 2008, shooting occurs in the 1200 block of Brentwood Rd., E.E.; English drives the car, Anderson is a passenger.
- Victor Branham is shot in the leg; two pistols and two masks found near the flight path.
- English slows, then speeds off with headlights out; police pursue; vehicle reaches about 95 mph.
- Car stops; English is arrested inside; Anderson and Davenport flee on foot; trial follows with convictions on multiple counts.
- On appeal, English challenges sufficiency of the fleeing conviction; Anderson challenges liability as a passenger for fleeing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for English’s fleeing conviction | Government: evidence shows deliberate flight from police with high speed and kept lights off. | English: asserts lack of participation and possible coercion/panic; claims no intent to flee. | Conviction affirmed for English |
| Whether a passenger can be liable as aider/abettor for fleeing from police | Anderson: statute applies only to driver; aiding/abetting not shown. | Anderson: a passenger may be charged via aiding/abetting; driver-only reading rejected. | Passenger liability via aiding/abetting recognized; issue re: sufficiency of evidence resolved below |
| Sufficiency of evidence that Anderson aided and abetted the flight | Government: Anderson actively participated in flight by remaining in car and fleeing. | Anderson: no concrete actions showing aiding/abetting; no directed action to elude. | Evidence insufficient; conviction reversed and acquittal entered on this charge |
Key Cases Cited
- Dennis v. State, 342 Md. 196 (Md. 1996) (passenger generally not guilty of traffic offense absent aiding/abetting with active participation)
- Branch v. People, 202 Mich.App. 550 (Mich.App. 1993) (passenger may be charged with aiding/driving offense depending on evidence)
- Fox v. United States, 11 A.3d 1282 (D.C. 2011) (driver and passengers convicted of fleeing; issue not squarely raised on appeal)
- Dennis v. State, 674 A.2d 928 (Md. 1997) (aiding/abetting standard applied to passenger scenarios)
- Kaliku v. United States, 994 A.2d 765 (D.C. 2010) (evidence standard for reviewing sufficiency is 'no evidence' review with reasonable doubt)
- Rivas v. United States, 783 A.2d 125 (D.C. 2001) (standard of review for credibility and inferences in sufficiency analysis)
- In re Shearin, 764 A.2d 774 (D.C. 2000) (points not urged in initial brief treated as abandoned)
- United States v. Peoni, 100 F.2d 401 (2d Cir. 1938) (aiding/abetting requires associate with the venture and seek to bring about its success)
- Nye & Nissen v. United States, 336 U.S. 613 (Supreme Court 1949) (early articulation of aiding and abetting standard)
- Sykes v. United States, 131 S. Ct. 2267 (2011) (flight as dangerous and provocative act; police pursuit risks discussed by Supreme Court)