2. Trying To Figure Out A Legal Problem: When Does “Commission of a Felony” occur?

Now that they agree to murder Alby I’m happy.  I go over to my locked cabinet behind the bar, unlock it and take out a bottle of Jameson Black Barrel Irish whiskey. I pour three shots and carry them back. I say let’s shake hands on it and throw one down to seal the deal which we do.

Roger then takes out his .38 special. He holds it in his hand and says: “This will be the last thing Alby sees.” I look around to see if anyone is watching. I then tell Roger, “Let me have that. You know the club rules. No carrying inside.” He gives it to me and I put it into my cabinet.

In doing that have I carried a weapon during the commission of a felony, namely a murder? What do you think? My answer is probably not. I suggest this is the criminal statute that is applicable here: “A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.”

It seems we are at the stage where we entered into an agreement to commit a robbery. We conspired to do it. As I see it at this point no murder, a felony, has been committed so I have not carried the weapon during the commission of a felony? Do you agree?

What about Spike? He’s the one who suggested we do the murder. He picked up Roger’s gun and put it on the shelf. Has he carried a weapon during the commission of a crime? What if Spike is a real bad guy and knows that we will act on his suggestion, does that change anything?

Jimmy, Roger and I agree that the three of us will do it together.  We then sit down at the table and make plans. I’m really pushing this on them telling them about other guys Alby has set up. They agree with me and mention other times in the past Alby set other guys up.

We agree that Roger and I will do the hit. Jimmy will remain in the car. Jimmy will get three ski masks. Jimmy and I will start following Alby and find out his routine and the best time to do the hit. Roger will steal a car to be used in the job, get a couple of more guns since Jimmy and I don’t carry, and get the clothes we will change into and out of. The three of us go down to the Neponset area where we dig a hole to put Alby into. We cover it up and agree to meet again in a week.

A week later we meet at the park and walk out into the field. Roger hand Jimmy and me a gun. We check them out. Mine feels fine. Jimmy takes his and does little more than looks before giving it back to Roger. Jimmy explains what he observed Alby doing during different the hours that he observed him. I tell what I observed. We’ve done what we planned to do to get ready for the murder. We are well along in the planning stage. I think all that remains is to pick a day in the when we actually do the killing.

Jimmy then surprises us. He says he’s changed his mind. He’s not going through with it.  He figures the downside is too great if we’re caught. He’s already done time and doesn’t want to jeopardize his family again. He says: “I got a steady job at the T. I’m doing OK. I really want to leave the criminal life behind.” He says good luck and leaves.

(continued tomorrow)