Jackson v. State

408 A.2d 711 (1979)

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Nature of the Case

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Facts

Bernard Sugar and Charlotte Farber operated a jewelry shop. Ds robbed the establishment. Each brandished a handgun and forced Sugar and Farber to lie on the floor. The robbers took jewelry valued at more than $10,000 from a safe and display cabinets. Charlene Kelly entered the store, asked for Farber, and was told by D that she was not there but would return in half an hour. She left the store and contacted the police. A mailman appeared on the scene and as he attempted to leave the store D stopped him at gunpoint. D struck Shipley on the head and forced him to join Sugar and Farber on the floor. Police arrived on the scene and announced their presence. D started to leave by the front door, saw the police, and ran back in. Ds then attempted to leave by the rear door, were deterred by the police and retreated into the store. Ds grabbed Farber and Sugar, held their guns to their necks and told them to do what they were told to do, or they would be shot and killed. Ds used Farber and Sugar as shields, left the store by the rear door, disregarding the order of the police to stop and release their hostages. Ds forced Farber and Sugar to get in a police car with them and drove away. Gunfire by the police disabled the car, and Ds stole another police car and drove away amid a fusillade of shots by the police. They carjacked another car and evaded a roadblock by driving on a plowed field. D, holding Farber by the neck and keeping his gun to her head, forced her to kneel on the back seat with her face in the rear window, thus exposing her to gunfire from the pursuing police cars. Ds were eventually stopped by shot out tires and a police roadblock. Police manning the roadblock, unaware of the presence of the hostages, fired at the car. The car was placed under heavy gunfire. While taking Ds' surrender, a shotgun accidentally discharged. Sugar was killed by the blast as she was lying on the front seat of the car. Ds plea bargained felony murder but appealed. The Court of Special Appeals affirmed. Ds appealed.