Over the weekend, Pasadena Police shot and killed a burglary suspect. Meanwhile, the dead suspect’s alleged conspirator is being held on suspicion of felony murder–in connection with his co-suspect’s death. Here’s the description of the incident from the San Gabriel Valley Tribune:
The incident began when an unidentified victim was robbed at gunpoint by two suspects near a taco truck at Oaks Avenue and Orange Grove Boulevard, the lieutenant said.
Pasadena police officers responding to the scene spotted McDade, who was running north on Fair Oaks, Ibarra said. The officers, who were not identified, tried to detain him.
“The suspect put his hands in his waistband at some point,” Sanchez said. “Both officers fired striking the suspect.”
No weapon was found at the shooting scene Sunday, though police continued combing the area, Ibarra said.
McDade was taken to a local hospital where he died, according to police and coroner’s officials. A second suspect, identified as a 17-year-old Pasadena boy, was arrested nearby without incident.
The teen was booked on suspicion of murder under the legal theory that he committed a felony that resulted in the death of a co-suspect, Ibarra said.
California’s felony murder rule allows a suspect to be charged with murder if a death happens during the commission of a felony–whether or not the person charged anticipated or directly caused the death. Apparently, it’s been invoked before in the case of officer-involved shootings. For example, in 1984 in the case of People v. Caldwell at the California Supreme Court, justices determined that two men involved in a police shootout could be charged with felony murder after one of their accomplices was killed in the shootout.