State v. Sophophone
270 Kan. 703, 19 P.3d 70 (2001)
Rule of Law:
Under the Kansas felony-murder statute, a felon is not criminally responsible for the death of a co-felon when the killing results from the lawful act of a non-felon, such as a police officer, acting in the line of duty.
Facts:
- Sanexay Sophophone and three accomplices conspired to and did commit an aggravated burglary of a house in Emporia.
- A resident of the house reported the break-in to the police.
- Police officers arrived and observed the four individuals, including Sophophone, fleeing from the back of the house.
- Upon being identified as police and ordered to stop, the suspects continued to flee.
- One officer apprehended and handcuffed Sophophone, securing him in a police car.
- Another officer pursued co-felon Somphone Sysoumphone, who crossed railroad tracks and jumped a fence before stopping.
- When the officer approached, Sysoumphone, who was lying face down, raised up and fired a weapon at the officer.
- The officer returned fire in self-defense, killing Sysoumphone.
Procedural Posture:
- The State of Kansas charged Sophophone in trial court with several offenses, including felony murder.
- Sophophone filed a motion to dismiss the felony-murder charge, which the trial court denied.
- Following a trial, a jury convicted Sophophone on all counts.
- Sophophone's post-trial motion for a judgment of acquittal was denied.
- Sophophone appealed his felony-murder conviction directly to the Kansas Supreme Court.
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Issue:
Does the Kansas felony-murder statute hold a defendant criminally responsible for the death of a co-felon when the co-felon is killed by a police officer's lawful act during flight from the underlying felony?
Opinions:
Majority - Larson, J.
No. A defendant cannot be convicted of felony murder for the killing of a co-felon caused by the lawful acts of a police officer. The court adopted the 'agency theory' of felony murder, which limits liability to homicides committed by a felon or an agent of the felon. The court reasoned that criminal statutes must be strictly construed in favor of the accused, and it is contrary to legislative intent to impute criminal responsibility to a defendant for the lawful, justifiable act of a law enforcement officer. The court distinguished this case from prior rulings like State v. Hoang, where the deaths resulted directly from the dangerous acts of the felons themselves (arson), not from the intervention of a third party. To hold Sophophone responsible would be to punish him for the lawful consequences of another person's conduct.
Dissenting - Abbott, J.
Yes. A defendant may be legally convicted of felony murder when a co-felon is killed by a police officer during flight from the crime. The dissent argued for the 'proximate cause' approach, stating that the plain language of the Kansas felony-murder statute does not require the killer to be one of the felons, nor does it exclude co-felons as victims. Citing State v. Hoang, the dissent contended that all that is required is a direct causal link between the felony and the death. Because Sophophone's felonious actions set in motion a chain of events that foreseeably resulted in a death, he should be held responsible. The majority's decision, in the dissent's view, amounts to improper judicial amendment of a clear statute.
Analysis:
This decision formally adopts the 'agency theory' of felony murder in Kansas for situations involving killings by non-felons, aligning the state with the majority of U.S. jurisdictions. The ruling narrows the scope of the felony-murder doctrine by creating a clear distinction based on the identity of the killer. It establishes that liability does not extend to deaths caused by the lawful, resistive actions of victims or law enforcement. This precedent will shield defendants from murder charges when a co-perpetrator is killed by a third party, thereby limiting liability to deaths directly or indirectly caused by the felons themselves.
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