People v. Caldwell

36 Cal.3d 210. 203 Cal.Rptr. 433 (1984)

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Nature of the Case

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Facts

Belvin promised to repay Caldwell (D) some money if D would drive Belvin and Washington (D1) to a fried chicken outlet. D drove them to the outlet and waited in the car while Belvin and D1 committed a robbery. After the robbery, they ran back to the car, but the police were responding to the calls for help. Belvin pointed a shotgun at D and ordered him to escape. D1 pointed a shotgun at the police during the chase, but the patrol car rammed D's car. The shotgun fired and fell out into the street after the ramming. Belvin showed a gun out the window of the car, and a standoff ensued with Belvin aiming at two deputies and D aiming at another. The officers opened fire and Belvin was shot and eventually died. D took cover and displayed a handgun, but eventually gave up. D and D1 were tried and convicted of murder. They appealed; they committed no acts to provoke the killing, and the death resulted proximately.