Death Penalty Looms as Possibility for Killers of Former Welterweight and Junior Middleweight Champion Under Georgia’s Felony Murder Laws
The emotionally fragile boxing community, still nursing its wounds from the recent untimely deaths of retired legends Alexis Arguello and Arturo Gatti, was rocked again on the night of Saturday, July 26, 2009 when 1992 U.S. Olympian, and former welterweight and junior middleweight champion Vernon Forrest was shot to death in Atlanta, Georgia after a gun battle with two individuals who reportedly robbed Forrest at a gas station. In the end, Forrest perished the way he fought; standing and trading fire like the champion that he was. Although no suspects had been apprehended as of the date of this posting, the die is already cast for the next bout of his assailants: a showdown with the People of the State of Georgia for their lives.
Georgia Law on Felony Murder and the Relevant Component Offenses
Under Section 16-5-1(c) of the Georgia Annotated Code, "[a] person commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice." Section 16-4-1(d) mandates that "[a] person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life." Under Section 16-8-41(b), armed robbery is a felony punishable "by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years."
Georgia is one of about 24 states that allow prosecutors to seek the death penalty for those not directly responsible for a murder committed during the commission of a felony. Known as the "agency theory" of felony murder, it allows for co-felons and accomplices to face the same sentence as the one who caused the death of someone else during the course of another felony. The actual killer is, in short, an "agent" of the others that committed the felony alongside him and thus inextricably links them with the killing that takes place during said felony.
Georgia’s Felony Murder Rule as it Applies to Forrest’s Killers
As to the murder of Forrest, the details made public thus far suggest that the two assailants stole several items from Forrest with the use of firearms, also known as armed robbery. Armed robbery is a felony under the laws of the State of Georgia, as it is in all jurisdictions. Forrest was killed during the commission of said felony, thus a felony murder was committed. The "agency theory" of felony murder appears to be a non-issue here, as its been reported that both assailants may have opened fire on Forrest. If, however, the evidence ultimately suggests that only one assailant shot the former U.S. Olympian, the other assailant would still be on the hook for his death under the "agency theory." Under either scenario, a conviction would mean a death sentence, life imprisonment without parole, or imprisonment for life under Georgia law for Forrest’s killers. If Atlanta prosecutors have their day in court with Forrest’s killers, therefore, the facts released thus far suggest that they will have all of the evidence that they need to score a revenge knockout for the boxing world’s latest fallen son.
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Regarding Justice for Arturo (Thunder) Gatti: Brazilian prosecutors have not decided what, if any, formal charges they will be filing against Arturo Gatti’s wife, Amanda Rodrigues, following his July 10, 2009 killing in Porto de Galinhas, Brazil, but the initial discussion revolved around the possibility of charging her with second degree murder. Although the author does not have the Brazilian penal law at his disposal, under New York law, "[a] person is guilty of murder in the second degree when: 1. With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution under this subdivision, it is an affirmative defense that: (a) The defendant acted under the influence of extreme emotional disturbance for which there is a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be…"
If found to be under an "extreme emotional disturbance" at the time of a killing under New York law, an individual can instead be convicted of Manslaughter in the first degree. "A person is guilty of manslaughter in the first degree when:… 2. With intent to cause the death of another person, he causes the death of such person or a third person under circumstances which do not constitute murder because he acts under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25 [murder in the second degree]. The fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree[.]"
If convicted of murder in the second degree, a class "A-I felony" under New York, Rodrigues would face a sentence of 15-years-to-life in prison. However, if Rodrigues were instead convicted of manslaughter in first degree, she would face a maximum sentence of 25 years in prison. Had Rodrigues killed Gatti in New York, therefore, her state of mind at that time of Gatti’s killing would be crucial to the outcome of her case. Media reports suggested that the couple had an altercation earlier in the night during which Gatti pushed Rodrigues to the floor. If Rodrigues were able to successfully argue that she was "under the influence of extreme emotional distress" as a result of the earlier altercation, she would be able to avoid conviction on a murder charge and instead be found guilty of the lesser offense of manslaughter. 25 years, however, is still plenty of time for her to feel the "Thunder" for taking the life of the generation’s most exciting fighter. The boxing world eagerly awaits further word from Brazilian prosecutors and hopes that similar sentences are available to them.
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