By Bob Walsh
PACOVILLA Corrections blog
August 11, 2013
Regular readers will remember a brief piece a few days ago about a shooting involving an Alameda County Sheriff's Deputy and a couple of bad guys in a store in Alameda. It ended up with one bad guy dead and one bad guy fleeing, possibly wounded.
Marc Traylor, 41, of Alameda, a convicted druggie, is now in custody looking at felony murder for the death of his alleged accomplice Laroy Brown, 42, now dead. Their getaway driver was Elbert McBride, 41, according to the cops.
Traylor showed up at the hospital seeking medical attention for a bullet wound and his story did not line up with his injuries.
These men may be the same group that robbed the market once before.
The provocative-act doctrine, more commonly called the felony murder rule, could get Traylor the death penalty or life without parole depending on which way the cookie crumbles.
EDITOR’S NOTE: The provocative-act doctrine holds that when a person takes part in a felony during which someone is killed, he is criminally liable for the death even if the victim was one of his crime partners and even if his accomplice was killed by the police. For example, Jones and Smith hold up a liquor store and Jones gets shot to death by the proprietor – Smith can be charged with the murder of Jones.
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