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Fowler: "Possible" Investigation Sufficient for 1512 Murder Liability

By Tim Cone

In U.S. v. Fowler, No. 08-15463 (April 14, 2010), the Court found sufficient evidence to support a conviction for murder with the intent to prevent a person from communicating information about a federal offense to a federal law enforcement officer, in violation of 18 U.S.C. § 1512(a)(1)(C).Fowler shot a police officer in the back of the head while the officer had stopped a group of persons who were preparing to rob a bank, and who possessed firearms, a stolen car, and narcotics ? i.e., were committing federal crimes that ?could have led to a federal investigation and prosecution.? Consequently, Fowler had the requisite mens rea to violate 18 U.S.C. § 1512(a)(1)(C), which criminalizes killings intended to prevent communication relating to ?possible commission? of a federal offense...continue to full post

Full post as published by Defense Newsletter Blog on April 14, 2010 (boomark / email).