240 Cal. App. 4th 488
Cal. Ct. App.2015Background
- Defendant Eric Scott Nelson, amid a contentious divorce, discussed hiring a hit man to kill his wife after a friend suggested such a plan.
- Tatarzyn told Nelson’s wife, who notified police; undercover officer Anguiano posed as a hit man and arranged a meeting with Nelson.
- Nelson solicited a two-for-one deal and intended to provide a photo, address, and money for the murder plan at a Walmart meeting.
- Nelson had earlier discussed with Tatarzyn the possibility of hiring someone to kill his wife, including the exchange of a thousand dollars for a hit.
- Nelson was arrested for solicitation of murder; while jailed, he violated a restraining order by contacting his wife and attempted to persuade his girlfriend to recant her statements.
- The jury found Nelson guilty on counts including solicitation to commit murder, carrying a concealed firearm, violating a restraining order, and dissuading a witness (the latter later reversed on appeal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is sufficient evidence of solicitation of murder | Nelson solicited the friend to solicit a hit man. | Only asked for a discount; not a true solicitation to commit murder. | Sufficient evidence as to solicitation of Tatarzyn; Anguiano issue left undecided. |
Key Cases Cited
- People v. McCurdy, 59 Cal.4th 1063 (Cal. 2014) (standard for reviewing sufficiency of evidence)
- People v. Herman, 97 Cal.App.4th 1369 (Cal. Ct. App. 2002) (solicitation and aiding/abetting framework)
- People v. Chiu, 59 Cal.4th 155 (Cal. 2014) (aider and abettor concepts in criminal liability)
- In re Ryan N., 92 Cal.App.4th 1359 (Cal. Ct. App. 2001) (solicitation completed by the act itself)
- Commonwealth v. Wolcott, 2010 Mass.App.Ct. 457 (Mass. App. Ct. 2010) (solicitation theory of procuring murder)