David Scott
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- Dec 24, 2002
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This article illustrates a Florida law that says, if you participate in a crime you are jointly repsonsible for everything that happens as a result. In this case, a robber was charged with murder because his accomplice was shot by a CCW holder. This happened about 20 minutes from here, so I've been following the case.
What do you think of this law? The bad guy gets a murder charge when he never pulled he trigger.
Man changes mind, takes murder plea deal
By MICHAEL HAUN ([email protected])
Staff Writer
DELAND -- Darius Bennett called it a "harsh sentence," but told a judge Friday that he'd "stick with" an offer from prosecutors who had charged him with the death of his accomplice in a botched robbery attempt.
Bennett, 19, of Deltona, pleaded no contest to felony second-degree murder in the crime, which left his friend, James Wince, dead from two gunshot wounds. Circuit Judge S. James Foxman sentenced Bennett to 20 years in prison as part of a plea deal between prosecutors and Bennett's attorney.
But what makes this case stand out is that Bennett didn't pull the trigger. What he did do, prosecutors said, is set off a violent chain of events by going with Wince to rob a video store. "If you're going to make the decision to participate in a crime, you need to be prepared for the consequences of whatever happens," said Assistant State Attorney Amy Walker.
The consequences proved to be fatal.
The two men walked into a Blockbuster Video Store in Orange City in March 2002 while two store clerks were closing up for the evening. Wince, 19, brandished a rifle -- later found to have been unloaded -- according to court documents. Bennett and Wince threatened the two clerks, and another man inside the store, Robert Shockey. The father of one of the clerks, Shockey told investigators he had been keeping watch over his son ever since the video store had been robbed earlier that year.
Shockey, who had a permit to carry a concealed weapon, pulled out his .45-caliber handgun and ordered Wince to drop the rifle. Wince didn't, and pointed his weapon at Shockey, who opened fire. He also shot Bennett twice after he moved to grab the rifle, which had fallen to the floor, according to the Volusia County Sheriff's Office.
Wince died a short time later. Bennett was charged with second-degree felony murder and armed robbery.
Shockey, who investigators ruled had acted in self-defense, did not attend Friday's court proceedings. Walker said the man and his family are relieved the ordeal is over.
Thursday, Bennett had turned down the plea deal, opting to take his chances at a trial next week. "It's a difficult situation. He had a friend that died," defense attorney Robert Sanders Jr. said during the brief court hearing. "Arguably, he didn't kill anybody. I think that was one of the biggest hurdles."
Sanders wouldn't elaborate as to why Bennett changed his mind. Had he been convicted at a trial, Bennett faced the possibility of life in prison.
The Deltona man, clad in an orange jail jumpsuit, said little during the hearing. His relatives sobbed shortly after he was sentenced.
Bennett also pleaded no contest to armed robbery while wearing a mask and was sentenced to 15 years in prison -- time that will run concurrently with his other sentence. Once released, he will be placed on probation for 10 years. One stipulation of his probation prohibits him from entering any Blockbuster store.
What do you think of this law? The bad guy gets a murder charge when he never pulled he trigger.
Man changes mind, takes murder plea deal
By MICHAEL HAUN ([email protected])
Staff Writer
DELAND -- Darius Bennett called it a "harsh sentence," but told a judge Friday that he'd "stick with" an offer from prosecutors who had charged him with the death of his accomplice in a botched robbery attempt.
Bennett, 19, of Deltona, pleaded no contest to felony second-degree murder in the crime, which left his friend, James Wince, dead from two gunshot wounds. Circuit Judge S. James Foxman sentenced Bennett to 20 years in prison as part of a plea deal between prosecutors and Bennett's attorney.
But what makes this case stand out is that Bennett didn't pull the trigger. What he did do, prosecutors said, is set off a violent chain of events by going with Wince to rob a video store. "If you're going to make the decision to participate in a crime, you need to be prepared for the consequences of whatever happens," said Assistant State Attorney Amy Walker.
The consequences proved to be fatal.
The two men walked into a Blockbuster Video Store in Orange City in March 2002 while two store clerks were closing up for the evening. Wince, 19, brandished a rifle -- later found to have been unloaded -- according to court documents. Bennett and Wince threatened the two clerks, and another man inside the store, Robert Shockey. The father of one of the clerks, Shockey told investigators he had been keeping watch over his son ever since the video store had been robbed earlier that year.
Shockey, who had a permit to carry a concealed weapon, pulled out his .45-caliber handgun and ordered Wince to drop the rifle. Wince didn't, and pointed his weapon at Shockey, who opened fire. He also shot Bennett twice after he moved to grab the rifle, which had fallen to the floor, according to the Volusia County Sheriff's Office.
Wince died a short time later. Bennett was charged with second-degree felony murder and armed robbery.
Shockey, who investigators ruled had acted in self-defense, did not attend Friday's court proceedings. Walker said the man and his family are relieved the ordeal is over.
Thursday, Bennett had turned down the plea deal, opting to take his chances at a trial next week. "It's a difficult situation. He had a friend that died," defense attorney Robert Sanders Jr. said during the brief court hearing. "Arguably, he didn't kill anybody. I think that was one of the biggest hurdles."
Sanders wouldn't elaborate as to why Bennett changed his mind. Had he been convicted at a trial, Bennett faced the possibility of life in prison.
The Deltona man, clad in an orange jail jumpsuit, said little during the hearing. His relatives sobbed shortly after he was sentenced.
Bennett also pleaded no contest to armed robbery while wearing a mask and was sentenced to 15 years in prison -- time that will run concurrently with his other sentence. Once released, he will be placed on probation for 10 years. One stipulation of his probation prohibits him from entering any Blockbuster store.
