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People v. Bodely | 38 Cal. Rptr. 2d 72 (1995)

Because murder requires malice aforethought, an accidental killing doesn’t usually result in murder liability. Instead, the guilty party generally faces liability for a lesser homicide offense. But most states have a felony-murder rule under which any killing that occurs during a person’s commission or attempted commission of certain felonies is murder, even an unintentional or accidental killing. In People versus Bodely, we explore what constitutes during the commission of a felony for felony-murder purposes.

After Darrell Bodely stole seventy-five dollars from a supermarket cash drawer, several store employees pursued him as he ran to the parking lot and entered his car. Joseph Andre, who was already in the parking lot and witnessed the chase, attempted to stop Bodely. Andre put his arm inside Bodely’s car and demanded he stop the vehicle. But Bodely turned the car sharply, hitting Andre and causing him to fall. Andre struck his head on the pavement and died from his injuries.

Bodely was charged with, among other things, first-degree murder for killing Andre during the perpetration of a felony burglary. Bodely argued that felony-murder liability was inappropriate because the burglary was complete when Bodely exited the supermarket and Andre’s death therefore didn’t occur during the perpetration of the felony.

The trial court found felony-murder liability appropriate and convicted Bodely of first-degree murder. Bodely appealed to the California Court of Appeal.

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