05 November 2013

Get-away driver gets felony murder charge

Monday was a bad day for two armed robbers, who were both shot and killed by a concealed carry holder. It will also be bad for the get-away driver, who wasn't even in the store when the robbery happened:
About nine hours later, Reading police arrested the man they said was the get-away driver in his Fleetwood apartment.
Alexander Garcia Bialek, 21, was taken into custody late Monday with the help of borough police in the apartment building in the first block of North Laurel Street.
Police said witnesses saw the two robbers speaking to someone in a brown SUV before going into the store. Police gathered surveillance video that showed the SUV, then contacted its owner, who said he had lent the vehicle to Bialek.
Bialek was charged with second-degree murder, robbery and conspiracy.
District Attorney John T. Adams said a person can be charged with second-degree murder if he or she is an accomplice to a felony that results in a death.
The fact that Bialek wasn't in the store doesn't matter. The fact that he didn't kill anyone doesn't matter. The fact that it was his partners who were killed lawfully by the concealed carry holder doesn't matter. According to 18 Pa.C.S.A. § 2502:
(b) Murder of the second degree.--A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony...
(d)...“Perpetration of a felony.” The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.
Bialek has some long days ahead of him.
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