State v. Thoma

356 A.2d 433 (1976)

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Nature of the Case

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Facts

Frank Jennette shot and killed Officer Casper Buonocore from a rooftop. Buonocore was in uniform and in the performance of his duties when he was killed. Sam Williams, was arrested for an outstanding motor vehicle warrant for him. Williams' daughter, 13 years of age, tried to stop her father's arrest and struck one of the arresting officers. When the patrol car arrived to transport Williams to the police station, the daughter renewed her attack. She was struck by another officer and rendered unconscious. Officer Buonocore summoned an ambulance and rendered first aid to the girl. The father was transported to the police station and the daughter removed in the ambulance. Buonocore was departing the scene on his motorcycle when he was felled by the fatal shot. D and two other young men, Frank Jennette, and David Cheatham, were arrested. Jennette had fired the fatal shot; later he pleaded guilty to the charge. Cheatham and D were charged as aiders and abettors. D had seen Jennette earlier with a gun. After it was discovered that the young girl had been rendered unconscious, D responded to Jennette's invitation to go up on the roof to shoot the police. At trial, D denied ever seeing Jennette's gun until they were on the roof and denied that he was aware of Jennette's intention to shoot a police officer and that as soon as he became aware of that intention, he fled the roof. The State adduced no direct evidence that D was on the roof at the time the fatal shot was fired. D was convicted of murder in the first degree as an aider and abettor. D appealed.