Conviction under Felony Murder overturned where kidnap victim killed after jumping from car
THE PEOPLE, Plaintiff and Respondent, v. JERRY VANG, Defendant and Appellant. (Cal. Ct. App., Aug. 5, 2022, No. C090365) 2022 WL 3131574, at *1
Summary: Vang was convicted of first degree felony murder of his wife. After an argument with his wife, she fled in her car, Vang followed, eventually forced her to stop, and coerced her (through force or fear) into his vehicle. As Vang was driving away, his wife opened the door and jumped from the moving vehicle, resulting in her death.
The jury was instructed that defendant was guilty of first degree felony murder if the prosecution proved Vang committed a kidnapping; he intended to commit the kidnapping; and, while committing the kidnapping, he caused his wife’s death. The jury received a similar instruction on the special-circumstance allegation.