The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page.
Homicide
Murder
Note: Varies by jurisdiction
Assassination Child murder
Consensual homicide
Contract killing Felony murder rule
Honor killing Human sacrifice
Lust murder Lynching
Mass murder Murdersuicide
Proxy murder Lonely hearts killer
Serial killer Spree killer
Torture murder Feticide
Double murder Misdemeanor murder
Crime of passion Internet homicide
Depraved-heart murder
Manslaughter
in English law
Negligent homicide
Vehicular homicide
Non-criminal homicide
Note: Varies by jurisdiction
Justifiable homicide
Capital punishment
Human sacrifice
Feticide
Medicide
By victim or victims
Suicide
Family
Familicide Avunculicide
Prolicide
(Filicide Infanticide Neonaticide)
Fratricide / Sororicide
Mariticide / Uxoricide
Parricide
(Matricide Patricide)
Other
Amicicide
Genocide / Democide
Gendercide
Omnicide
Regicide / Tyrannicide
Pseudocide
Deicide
v d e
Criminal law
Part of the common law series
Element (criminal law)
Actus reus Mens rea
Causation Concurrence
Scope of criminal liability
Complicity Corporate Vicarious
Inchoate offenses
Attempt Conspiracy&
Man arrested for attempted murder
TUCSON - A man is behind bars tonight accused of an attempted murder. Tucson Police responded to the 10100 block of East Essex Village Drive late Friday night after reports of a stabbing.
TUCSON - A man is behind bars tonight accused of an attempted murder. Tucson Police responded to the 10100 block of East Essex Village Drive late Friday night after reports of a stabbing.
Joe Sullivan 33 should have the right to apply for parole The Supreme Court will decide if adult sentences are appropriate for juveniles This does not directly address the Felony Murder
http://wp.me/4GlH
The Felony Murder Rule :: The Felony Murder Rule
The Felony Murder Rule states that any death which occurs during the ... The felony murder rule convicted him of first degree murder and he is now spending his ...
The Felony Murder Rule states that any death which occurs during the ... The felony murder rule convicted him of first degree murder and he is now spending his ...
#160; Solicitation
Offence against the person
Assault Battery
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Mayhem Sexual assault
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Murder Felony murder
Manslaughter
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Vehicular homicide
Crimes against property
Arson Blackmail Burglary
Embezzlement Extortion
False pretenses Larceny
Receiving stolen property
Robbery Theft
Crimes against justice
Compounding Misprision
Obstruction Perjury
Malfeasance in office
Perverting the course of justice
Defenses to liability
Defense of self
Defence of property
Consent Diminished responsibility
Duress Entrapment
Ignorantia juris non excusat
Infancy Insanity
Intoxication defense
Justification Mistake (of law)
Necessity Provocation
Other common law areas
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Torts Wills trusts and estates
Portals
Criminal justice Law
v d e
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First when an offender kills accidentally or without specific intent to kill in the course of an applicable felony what might have been manslaughter is escalated to murder. Second it makes any participant in such a felony criminally liable for any deaths that occur during or in furtherance of that felony. While there is some debate about the original scope o
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First when an offender kills accidentally or without specific intent to kill in the course of an applicable felony what might have been manslaughter is escalated to murder. Second it makes any participant in such a felony criminally liable for any deaths that occur during or in furtherance of that felony. While there is some debate about the original scope o
BG’s Express slaying charge advances
The fatal shooting at BG’s Express #2 last May was described Friday during a nearly five-hour preliminary hearing for two of the men charged with murder in the incident.
The fatal shooting at BG’s Express #2 last May was described Friday during a nearly five-hour preliminary hearing for two of the men charged with murder in the incident.
Hillary Transue Jailed for 3 months for creating a website which mocked an assistant principal Photo Niko J Kallianiotis The New York Times As many as 5 000 children in Pennsylvania
http://felonymurderfl.org/2009/02/20/jailing-kids-for-cash
The California "Felony-Murder Rule"
The California 'Felony-Murder Rule' subjects one to murder charges if he or an accomplice kill someone, even accidentally, while committing a violent felony.
The California 'Felony-Murder Rule' subjects one to murder charges if he or an accomplice kill someone, even accidentally, while committing a violent felony.
f the rule modern interpretations typically require that the felony be an inherently dangerous one or one committed in an obviously dangerous manner. For this reason the felony murder rule is often justified by its supporters as a means of deterring dangerous felonies.
According to some commentators the common law rule dates to the twelfth century and took its modern form in the eighteenth century. Many legal scholars call the rule unjust because it requires no intent to kill.1. Conversely it may be argued that the inherent danger of violent felony such as arson or rape suggests an intent to cause or risk serious harm and that thus all perpetrators should be held accountable for the outcomes of their acts.original research
The rule has been abolished in England and Wales2 and in Northern Ireland.3 In some jurisdictions (such as Victoria Australia) the common law felony murder rule has been abolished but has been replaced by a similar statutory provision.4 Contents 1 Origin 2 Description 3 By Country 3.1 United States 3.1.1 Model Penal Code 3.1.2 The merger doctrine 3.1.3 By individual state jurisdiction 4 Illustrative example 5 See also 6 Citations 6.1 Notes 6.2 References // Origin
The concept of felony murder originates in the rule of transferred intent which is older than the limit of legal memory. In its original form the malicious intent inherent in the commission of any crime however trivial was considered to apply to any conse
According to some commentators the common law rule dates to the twelfth century and took its modern form in the eighteenth century. Many legal scholars call the rule unjust because it requires no intent to kill.1. Conversely it may be argued that the inherent danger of violent felony such as arson or rape suggests an intent to cause or risk serious harm and that thus all perpetrators should be held accountable for the outcomes of their acts.original research
The rule has been abolished in England and Wales2 and in Northern Ireland.3 In some jurisdictions (such as Victoria Australia) the common law felony murder rule has been abolished but has been replaced by a similar statutory provision.4 Contents 1 Origin 2 Description 3 By Country 3.1 United States 3.1.1 Model Penal Code 3.1.2 The merger doctrine 3.1.3 By individual state jurisdiction 4 Illustrative example 5 See also 6 Citations 6.1 Notes 6.2 References // Origin
The concept of felony murder originates in the rule of transferred intent which is older than the limit of legal memory. In its original form the malicious intent inherent in the commission of any crime however trivial was considered to apply to any conse
Man Found Guilty Of Murder In Sheridan
Guilty Guilty Guilty! The verdict is in for one of the men involved in the murder of an elderly man in Sheridan last year.
Guilty Guilty Guilty! The verdict is in for one of the men involved in the murder of an elderly man in Sheridan last year.
investigation Under a legal concept known as the felony murder rule it s not uncommon for prosecutors to bring a murder charge against a defendant who doesn t intentionally harm a victim Did He Scare Someone to Death Police in Gaston County N C charged Larry Whitfield 20 with murder accusing him of illegally entering an elderly woman s home and scaring her to death in
http://www.news42day.com/2009/01/man-scared-woman-to-death-police-say
Felony-Murder Rule: West's Encyclopedia of American Law (Full ...
This entry contains information applicable to United States law only. Felony-Murder Rule A rule of law that holds that if a killing occurs during the
This entry contains information applicable to United States law only. Felony-Murder Rule A rule of law that holds that if a killing occurs during the
quences of that crime however unintended. Thus in a classic example a poacher shoots his arrow at a deer and hits a boy who was hiding in the bushes. Although he intended no harm to the boy and did not even suspect his presence the mens rea of the poaching is transferred to the actus reus of the killing.
Some commentators regard this as a legal fiction whereby the law pretends that the person who intended one wrongful act also intends all the consequences of that act however unforeseen. Others regard it as an example of strict liability whereby a person who chooses to commit a crime is considered absolutely responsible for all the possible consequences of that action. Lord Mustill regards the historical rule as a convergence of these views.5 Description
In reality situations are not as simple as the above summary suggests. Not all felonies will apply in most jurisdictions. To "qualify" for felony murder the underlying felony must present a foreseeable danger to life and the link between the felony and the death must not be too remote. If the receiver of a forged check has a fatal allergic reaction to the ink most courts will not hold the forger guilty of murder. Furthermore the merger doctrine excludes felonies that are presupposed by a murder charge. For example nearly all murders involve some type of assault but so do many cases of manslaughter. To count any death that occurred during the course of an assault as felony murder would obliterate a distinction
Some commentators regard this as a legal fiction whereby the law pretends that the person who intended one wrongful act also intends all the consequences of that act however unforeseen. Others regard it as an example of strict liability whereby a person who chooses to commit a crime is considered absolutely responsible for all the possible consequences of that action. Lord Mustill regards the historical rule as a convergence of these views.5 Description
In reality situations are not as simple as the above summary suggests. Not all felonies will apply in most jurisdictions. To "qualify" for felony murder the underlying felony must present a foreseeable danger to life and the link between the felony and the death must not be too remote. If the receiver of a forged check has a fatal allergic reaction to the ink most courts will not hold the forger guilty of murder. Furthermore the merger doctrine excludes felonies that are presupposed by a murder charge. For example nearly all murders involve some type of assault but so do many cases of manslaughter. To count any death that occurred during the course of an assault as felony murder would obliterate a distinction
Suspect in Utah deputy killing agrees to be extradited
SALT LAKE CITY, Utah (AP) - A man accused of killing a Utah sheriff's deputy has agreed to be extradited to Arizona to a face a first-degree murder charge.
SALT LAKE CITY, Utah (AP) - A man accused of killing a Utah sheriff's deputy has agreed to be extradited to Arizona to a face a first-degree murder charge.
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WHAT'S WRONG WITH THE FELONY MURDER RULE
6. Felony Murder Rule - States that any death, which occurs during ... 3. The basic rule of culpability is further violated when felony murder is categorized as ...
6. Felony Murder Rule - States that any death, which occurs during ... 3. The basic rule of culpability is further violated when felony murder is categorized as ...
carefully set by the legislature; however merger may not apply when an assault against one person results in the death of another2.
To counter the common law style interpretations of what does and does not merge with murder (and thus what does not and does qualify for felony murder) many jurisdictions in the United States explicitly list what offenses qualify. The American Law Institute's Model Penal Code lists robbery rape or forcible deviant sexual intercourse arson burglary and felonious escape. Federal law specifies additional crimes including terrorism kidnapping and carjacking.
There are two schools of thought concerning whose actions can cause the defendant to be guilty of felony murder. Jurisdictions that hold to the agency theory admit only deaths caused by the agents of the crime. Jurisdictions that use the proximate cause theory include any death even if caused by a bystander or the police provided that it meets one of several proximate cause tests to determine if the chain of events between the felony and the death was short enough to have legally caused the death.
Felony murder is typically the same grade of murder as premeditated murder. In many jurisdictions felony murder is a crime for which the death penalty can be imposed provided that the defendant himself killed attempted to kill or intended to kill. For example three people conspired to commit armed robbery. Two of them went in to the house and committed the robbery and in the process
To counter the common law style interpretations of what does and does not merge with murder (and thus what does not and does qualify for felony murder) many jurisdictions in the United States explicitly list what offenses qualify. The American Law Institute's Model Penal Code lists robbery rape or forcible deviant sexual intercourse arson burglary and felonious escape. Federal law specifies additional crimes including terrorism kidnapping and carjacking.
There are two schools of thought concerning whose actions can cause the defendant to be guilty of felony murder. Jurisdictions that hold to the agency theory admit only deaths caused by the agents of the crime. Jurisdictions that use the proximate cause theory include any death even if caused by a bystander or the police provided that it meets one of several proximate cause tests to determine if the chain of events between the felony and the death was short enough to have legally caused the death.
Felony murder is typically the same grade of murder as premeditated murder. In many jurisdictions felony murder is a crime for which the death penalty can be imposed provided that the defendant himself killed attempted to kill or intended to kill. For example three people conspired to commit armed robbery. Two of them went in to the house and committed the robbery and in the process
Man accused of shooting deputy expected in court
KANAB, Utah (AP) - A man accused of killing a Utah sheriff's deputy in northern Arizona is expected in a southern Utah court Thursday for an extradition hearing.
KANAB, Utah (AP) - A man accused of killing a Utah sheriff's deputy in northern Arizona is expected in a southern Utah court Thursday for an extradition hearing.
Brandon Hein Brandon s is a classic textbook felony murder case that shows how non perpetrators can be successfully prosecuted
http://www.ncfelonymurder.org/Other%20Cases/OtherCases.html
Felony-Murder Rule - Killing, Death, Charged, Elements ...
The felony-murder rule originated in England under the COMMON LAW. ... I believe the Felony Murder Rule should apply to the banners of abortion (to include all ...
The felony-murder rule originated in England under the COMMON LAW. ... I believe the Felony Murder Rule should apply to the banners of abortion (to include all ...
killed the occupants of the house. The third person sat outside in the getaway car and he was later convicted of felony murder. But because he himself neither killed attempted to kill nor intended to kill he cannot be executed even though he is guilty of felony murder.
By Country
United States
In the United States felony murder is generally first degree murder and is often a capital offense. When the government seeks to impose the death penalty on someone convicted of felony murder the Eighth Amendment has been interpreted so as to impose additional limitations on the state power. The death penalty may not be imposed if the defendant is merely a minor participant and did not actually kill or intend to kill. However the death penalty may be imposed if the defendant is a major participant in the underlying felony and "exhibits extreme indifference to human life". Model Penal Code
The Model Penal Code does not include the felony murder rule but allows the commission of a felony to raise a presumption of extreme indifference to the value of human life.67 Thus the felony murder rule is effectively used as a rule of evidence. The merger doctrine
Most states recognize the merger doctrine which holds that a criminal assault cannot serve as the predicate felony for the felony murder rule.8 By individual state jurisdiction Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa K
In the United States felony murder is generally first degree murder and is often a capital offense. When the government seeks to impose the death penalty on someone convicted of felony murder the Eighth Amendment has been interpreted so as to impose additional limitations on the state power. The death penalty may not be imposed if the defendant is merely a minor participant and did not actually kill or intend to kill. However the death penalty may be imposed if the defendant is a major participant in the underlying felony and "exhibits extreme indifference to human life". Model Penal Code
The Model Penal Code does not include the felony murder rule but allows the commission of a felony to raise a presumption of extreme indifference to the value of human life.67 Thus the felony murder rule is effectively used as a rule of evidence. The merger doctrine
Most states recognize the merger doctrine which holds that a criminal assault cannot serve as the predicate felony for the felony murder rule.8 By individual state jurisdiction Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa K
http://www.wklaw.com/areas-violent-crimes.html
Felony murder: Definition from Answers.com
Felony Murder An unlawful homicide that occurs in the commission or attempted commission of a felony , which is considered first degree murder by
Felony Murder An unlawful homicide that occurs in the commission or attempted commission of a felony , which is considered first degree murder by
ansas
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Illustrative example
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The following example employs general principles of law in the United States for the purpose of illustration.
The Doe Gang attempts to rob a bank. John Jane and Richard Doe will do the actual robbery. Mary Doe will act as lookout and Joe Schmoe waits around the corner with the getaway vehicle. Mike Meek an "inside man" is a bank employee who is to make sure the alarm is not sounded. The robbery is a violation of both federal and state law and can separately be prosecuted under each without incurring double jeopardy. Both jurisdictions employ the felony murder rule: for purposes of this example we assume that federal law employs the
The following example employs general principles of law in the United States for the purpose of illustration.
The Doe Gang attempts to rob a bank. John Jane and Richard Doe will do the actual robbery. Mary Doe will act as lookout and Joe Schmoe waits around the corner with the getaway vehicle. Mike Meek an "inside man" is a bank employee who is to make sure the alarm is not sounded. The robbery is a violation of both federal and state law and can separately be prosecuted under each without incurring double jeopardy. Both jurisdictions employ the felony murder rule: for purposes of this example we assume that federal law employs the
Suspect in UT deputy killing set for court hearing
KANAB, Utah (AP) - A man accused of killing a Utah sheriff's deputy in far northern Arizona is scheduled for an extradition hearing Thursday.
KANAB, Utah (AP) - A man accused of killing a Utah sheriff's deputy in far northern Arizona is scheduled for an extradition hearing Thursday.
California Murder And Violent Crimes Attorneys What You Need to Know About Violent Crimes Defense The Violent Crime Attorneys at Wallin Klarich has extensive experience handling violent and serious crimes including homicides kidnapping rape child molestation firearms violations
http://www.wklaw.com/areas-violent-crimes.html
Felony-Murder Rule legal definition of Felony-Murder Rule ...
What is Felony-Murder Rule? Meaning of Felony-Murder Rule as a legal ... The felony-murder rule states that any death which occurs during the commission ...
What is Felony-Murder Rule? Meaning of Felony-Murder Rule as a legal ... The felony-murder rule states that any death which occurs during the commission ...
proximate cause theory and state law the agency theory.
During the course of the robbery the Bank Manager suffers an aortic dissection and dies almost instantly. A teller hits the silent alarm in the confusion. The police arrive and Mary surrenders promptly. When the police enter the bank John Jane and Richard open fire: Jane kills an officer while Richard's wild shot kills John. Joe Schmoe hears the shots and flees. He does not see a child playing in front of the car and accidentally kills her. Later officers' bullets kill Richard and the teller behind him. The result of all this carnage is as follows: Mary is probably not guilty of any felony murder; while she will face charges for the robbery she will probably not face any other charges because she surrendered to authorities before any violence.citation needed The manager's death is felony murder because the robbery may have caused the heart attack.9 The officer's death is both first-degree murder for Jane and felony murder for Joe and Mike under both federal and state law. Jane may be charged with felony murder as a tactical matter if the ballistic evidence is inconclusive. John's death is felony murder for all three under federal law and probably state law. Some states might not allow it because he was a participant in the crime. The teller's death is felony murder for all three survivors under federal but not state law because the teller was killed by a non-participant. Because the officer that killed the te
During the course of the robbery the Bank Manager suffers an aortic dissection and dies almost instantly. A teller hits the silent alarm in the confusion. The police arrive and Mary surrenders promptly. When the police enter the bank John Jane and Richard open fire: Jane kills an officer while Richard's wild shot kills John. Joe Schmoe hears the shots and flees. He does not see a child playing in front of the car and accidentally kills her. Later officers' bullets kill Richard and the teller behind him. The result of all this carnage is as follows: Mary is probably not guilty of any felony murder; while she will face charges for the robbery she will probably not face any other charges because she surrendered to authorities before any violence.citation needed The manager's death is felony murder because the robbery may have caused the heart attack.9 The officer's death is both first-degree murder for Jane and felony murder for Joe and Mike under both federal and state law. Jane may be charged with felony murder as a tactical matter if the ballistic evidence is inconclusive. John's death is felony murder for all three under federal law and probably state law. Some states might not allow it because he was a participant in the crime. The teller's death is felony murder for all three survivors under federal but not state law because the teller was killed by a non-participant. Because the officer that killed the te
McCray faces indictment or hearing
A preliminary hearing will be held this afternoon in the case against Riccardo M. McCray unless a grand jury indicts him this morning.
A preliminary hearing will be held this afternoon in the case against Riccardo M. McCray unless a grand jury indicts him this morning.
Other Felony Murder Rule Cases Lisl Auman Lisl had been handcuffed in the back seat of a police car for 5 to 10 minutes when the fatal shooting occurred After spending
http://www.ncfelonymurder.org/Other%20Cases/OtherCases.html
Felony murder rule (California) - Wikipedia, the free ...
For the felony murder rule in all U.S. jurisdictions, see felony murder rule. ... A legal analysis of the California felony murder rule ^ McCarthy, K.E. Felony Murder. ...
For the felony murder rule in all U.S. jurisdictions, see felony murder rule. ... A legal analysis of the California felony murder rule ^ McCarthy, K.E. Felony Murder. ...
ller was not a participant in the felony under the state's "agency theory" the felons would not be liable for the death because it was not committed "in furtherance of the felony." On the other hand under the alternative proximate cause theory (in this example the theory adopted under federal law) it was reasonably foreseeable that an innocent teller would be killed by responding officers' fire so the felons would be liable for the death. Note that even though Joe had ceased to participate in the robbery at this point his flight counts as a continuous transaction so the rule continues to apply.
Richard's death is felony murder under federal but not state law for the same reasons.citation needed In practice many prosecutors are reluctant to make the charge when an accomplice is killed by police.
The child's death is felony murder for all three in both federal and state court. Again the fact that Joe was trying to flee does not mitigate the crime.
Jane is subject to the death penalty even if the ballistic evidence is inconclusive because she attempted and intended to kill.
Joe is subject to the death penalty because he killed albeit accidentally.citation needed
Mike escapes the death penalty because he neither killed nor intended to kill.
See also
Marlin Gray
Brandon Hein
Ryan Holle
Gary McGivern
Annika stberg
Citations
Notes
See e.g. Crump RECONSIDERING THE FELONY MURDER RULE IN LIGHT OF MODERN CRITICISMS: DOESN'T THE CONCLUSION DEPEND UPON THE PARTICULAR RULE AT
Man pleads guilty in fatal Concord home invasion
Derrick Nelson had been friend with family of Ana Cristina Gonzalez, who was shot to death by Nelson's half-brother
Derrick Nelson had been friend with family of Ana Cristina Gonzalez, who was shot to death by Nelson's half-brother
gun and the felony murder rule applies Thomas faces additional charges that include possession of a firearm by a convicted felon and storing a firearm in a manner accessible to a minor Danielle Terry The 3 year old is expected to be OK but neighbors at the Henderson Heights apartment complex said it will be awhile before they can get what happened out
http://news14.com/content/local_news/591840/man-faces-murder-charges-in-shooting/Default.aspx
What's Wrong
F - Felony Murder Rule - States that any death which occurs during ... 1 - The felony murder rule operates as a matter of law upon proof of the intent ...
F - Felony Murder Rule - States that any death which occurs during ... 1 - The felony murder rule operates as a matter of law upon proof of the intent ...
ISSUE 32 Harv. J.L. & Pub. Pol'y 1155
The Homicide Act 1957 (5 & 6 Eliz.2 c.11) section 1
The Criminal Justice Act (Northern Ireland) 1966 (c.20) (N.I.) section 8 SLD (the Homicide Act 1957 did not extend to Northern Ireland except in relation to courts-martial by section 17(3) of that Act)
Crimes Act 1958 s.3A
Lord Mustill's exposition to the House of Lords 1994
Bonnie R.J. et. al. Criminal Law Second Edition. Foundation Press New York NY: 2004 p. 860
American Law Institute Model Penal Code 210.2(1)(b) (Official Draft 1962)
Bonnie R.J. et. al. Criminal Law Second Edition. Foundation Press New York NY: 2004 p. 865
People v. Stamp 2 Cal. App. 3d 203 (1959) 1 (court ruled in an extremely similar situation that the robbers were liable under the felony murder doctrine).
References
Regina v. Sern 1887
Binder Guyora (October 2004). "The Origins of American Felony Murder Rules". Stanford Law Review.
Discussion of California's felony murder rule
New York Times on the felony murder rule as "a distinctively American legal doctrine"
CBS News story on the felony murder rule in California (Brandon Hein case)
Prisons Foundation objections to the rule
Arizona Supreme Court on the rule and the death penalty
The case of Lisl Auman of Colorado charged with felony murder for a killing that took place during an ongoing crime for which she was already in custody Jeff Kass Rocky Mountain News March 18 2001; "Lawyers debate centuries-old legal concept."
Man pleads guilty in fatal Concord home invasion
MARTINEZ -- The last serene holiday for the Gonzalez family of Concord was Thanksgiving 2007, and they shared it with 18-year-old Derrick Nelson, their friend and neighbor on Del Rio Circle in Concord.
MARTINEZ -- The last serene holiday for the Gonzalez family of Concord was Thanksgiving 2007, and they shared it with 18-year-old Derrick Nelson, their friend and neighbor on Del Rio Circle in Concord.
Jason Holland CBS Previous slide Next slide
http://www.cbsnews.com/stories/2003/01/29/60II/main538407.shtml
