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Sentenced to Life for an Accident Miles Away
Posted on 12/12/23 at 11:00 pm
Posted on 12/12/23 at 11:00 pm
(Heads up, this is a longform article)
In 1982, when Ian Marcus was nine days old, his father left work and headed home to his family on Long Island on a new moped, only to be killed by a driver who’d run a red light. “Here I was, this twenty-five-year-old widow with a baby,” Ian’s mother, Donna, told me. About a year and a half after the accident, when a bearded guy who ran a Brooklyn meat locker asked her out, “it took ten friends to convince me to go.” Her date, Dean Amelkin, arrived with a plastic train set for Ian. Before long, her son had a second dad, a second last name, and two younger sisters.
The family relocated to South Florida, where Dean helped his own father run a graphics shop. Eager for Ian and his sisters to achieve more economic stability than he’d known, Dean pushed them academically, weeping with pride when Ian won a national debating championship in high school. Eventually, Ian went on to law school, landing a job at an élite Manhattan law firm; as a kid, he had watched “My Cousin Vinny” with his dad, and they’d agreed that lawyering looked fun.
One Sunday morning in August, 2012, Ian, now thirty, was in bed in Brooklyn when his mother called, distraught. Every Sunday for more than a decade, Dean had met some buddies at a shopping center, biked thirty miles to a beach and back, and then lingered over breakfast. But on that morning Dean hadn’t made it home. For the second time in his life, Ian had lost his father to a reckless driver.
This shock was swiftly followed by another. As a result of the crash, which all parties agreed was unintentional, two men stood accused of murdering his father and a friend who was cycling with him. One of those charged, twenty-five-year-old Sadik Baxter, had never laid eyes on the victims. At the moment of impact, he had been miles away, in handcuffs.
When Donna heard the charges, she asked, How is this even possible? Ian had learned the answer in law school: a sweeping and uniquely American legal doctrine, often couched in terms of justice for victims’ families, called felony murder. To engage in certain unlawful activities, the theory goes, is to assume full responsibility if a death occurs—regardless of intent.
The precipitating offenses in this case: Sadik Baxter had searched five cars for stray cash before surrendering when cops appeared, and O’Brian Oakley, his twenty-six-year-old friend, had fled the scene, lost control of his car in a police chase, and killed the bicyclists. The prosecution charged both men with two counts of felony murder in the first degree.
Recently, Ian spoke with me about the case while caring for his newborn daughter in Brooklyn; as we talked, he sometimes ran his hand down a thick beard he’d grown in homage to his dad. “It’s truly one of the cruellest ideas in the American legal system,” he said of felony murder. “And most people don’t even know it exists.”
Continue reading here
In 1982, when Ian Marcus was nine days old, his father left work and headed home to his family on Long Island on a new moped, only to be killed by a driver who’d run a red light. “Here I was, this twenty-five-year-old widow with a baby,” Ian’s mother, Donna, told me. About a year and a half after the accident, when a bearded guy who ran a Brooklyn meat locker asked her out, “it took ten friends to convince me to go.” Her date, Dean Amelkin, arrived with a plastic train set for Ian. Before long, her son had a second dad, a second last name, and two younger sisters.
The family relocated to South Florida, where Dean helped his own father run a graphics shop. Eager for Ian and his sisters to achieve more economic stability than he’d known, Dean pushed them academically, weeping with pride when Ian won a national debating championship in high school. Eventually, Ian went on to law school, landing a job at an élite Manhattan law firm; as a kid, he had watched “My Cousin Vinny” with his dad, and they’d agreed that lawyering looked fun.
One Sunday morning in August, 2012, Ian, now thirty, was in bed in Brooklyn when his mother called, distraught. Every Sunday for more than a decade, Dean had met some buddies at a shopping center, biked thirty miles to a beach and back, and then lingered over breakfast. But on that morning Dean hadn’t made it home. For the second time in his life, Ian had lost his father to a reckless driver.
This shock was swiftly followed by another. As a result of the crash, which all parties agreed was unintentional, two men stood accused of murdering his father and a friend who was cycling with him. One of those charged, twenty-five-year-old Sadik Baxter, had never laid eyes on the victims. At the moment of impact, he had been miles away, in handcuffs.
When Donna heard the charges, she asked, How is this even possible? Ian had learned the answer in law school: a sweeping and uniquely American legal doctrine, often couched in terms of justice for victims’ families, called felony murder. To engage in certain unlawful activities, the theory goes, is to assume full responsibility if a death occurs—regardless of intent.
The precipitating offenses in this case: Sadik Baxter had searched five cars for stray cash before surrendering when cops appeared, and O’Brian Oakley, his twenty-six-year-old friend, had fled the scene, lost control of his car in a police chase, and killed the bicyclists. The prosecution charged both men with two counts of felony murder in the first degree.
Recently, Ian spoke with me about the case while caring for his newborn daughter in Brooklyn; as we talked, he sometimes ran his hand down a thick beard he’d grown in homage to his dad. “It’s truly one of the cruellest ideas in the American legal system,” he said of felony murder. “And most people don’t even know it exists.”
Continue reading here
Posted on 12/12/23 at 11:08 pm to 4cubbies
Driving recklessly, evading police, and killing someone makes one potentialy culpable for their actions.
What even is this?
I see, you're mad about the other kid that was running around with his friend stealing, looting, and breaking the law.
What even is this?
I see, you're mad about the other kid that was running around with his friend stealing, looting, and breaking the law.
This post was edited on 12/12/23 at 11:11 pm
Posted on 12/12/23 at 11:19 pm to 4cubbies
Interesting.
Or not.
The deal is: no deal.
Or not.
The deal is: no deal.
Posted on 12/12/23 at 11:23 pm to KosmoCramer
quote:Re
see, you're mad about t
I posted an article with no commentary and now I’m mad?
Hopefully someone will actually read the whole thing and will want to discuss it.
Posted on 12/12/23 at 11:27 pm to 4cubbies
quote:They were stealing things out of cars.
Sadik Baxter had searched five cars for stray cash
quote:Unintentional but as the result of a high speed police chase fleeing the scene of the crime.
As a result of the crash, which all parties agreed was unintentional
It the author wants to argue that the felony murder rule is unjust, he should at least do it without trying to mislead.
This post was edited on 12/13/23 at 7:12 am
Posted on 12/12/23 at 11:28 pm to Epaminondas
quote:
the result of a high speed police chase
So why weren’t the police charged?
Posted on 12/12/23 at 11:29 pm to Epaminondas
quote:
It the author wants to argue that the felony murder rule is unjust, he should at least do it without trying to mislead.
Oh, so you didn’t read the whole thing either.
Posted on 12/12/23 at 11:38 pm to 4cubbies
quote:Under the felony murder rule? Because they did not commit the underlying felony of burglary.
So why weren’t the police charged?
Whether the police should have been charged for any sort of criminal negligence with regard to the chase has nothing to do with the application of the felony murder rule to the defendants in this case.
Posted on 12/12/23 at 11:47 pm to Epaminondas
quote:
Under the felony murder rule?
They obviously weren’t committing a crime immediately before the cyclists were killed. But they did ignore their department’s no-chase policy. The guys pulling door handles weren’t putting anyone in immediate physical danger so they didn’t meet the department’s criteria for a high speed pursuit.
That information was later in the article, which you didn’t read.
Posted on 12/12/23 at 11:49 pm to 4cubbies
So you robbed people with someone and that someone killed other people while in commission of these crimes.
Yeah, that’s the law. I know this law exists. You don’t get to claim ignorance after people wind up dead.
Yeah, that’s the law. I know this law exists. You don’t get to claim ignorance after people wind up dead.
Posted on 12/12/23 at 11:50 pm to Epaminondas
quote:
Whether the police should have been charged for any sort of criminal negligence with regard to the chase has nothing to do with the application of the felony murder rule to the defendants in this case.
If the police would have been charged for something related to the deaths, Baxter could not have been charged for felony murder.
Posted on 12/12/23 at 11:51 pm to dgnx6
Hopefully someone actually reads the whole article.
Posted on 12/12/23 at 11:58 pm to 4cubbies
Again, whether the police officers should have been charged with a crime has nothing to do with the application of the felony murder rule to these defendants.
Posted on 12/13/23 at 12:06 am to Epaminondas
The article is only about one defendant. Who was in handcuffs at the time of the deaths. I definitely understand you think he deserves life in prison for getting arrested after pulling on door handles. Thanks for your perspective.
Posted on 12/13/23 at 12:31 am to 4cubbies
quote:That's not how it works.
If the police would have been charged for something related to the deaths, Baxter could not have been charged for felony murder.
Posted on 12/13/23 at 12:42 am to 4cubbies
quote:
The article is only about one defendant.
quote:Neither of them had any intent to kill, but because of the underlying felony, they were both charged with felony murder.
The prosecution charged both men with two counts of felony murder in the first degree.
Posted on 12/13/23 at 12:44 am to Epaminondas
It does seem unreasonable to charge the guy with murder when he didn't kill anyone though don't you think?
Posted on 12/13/23 at 3:50 am to Powerman
quote:
does seem unreasonable to charge the guy with murder when he didn't kill anyone though don't you think?
Nope. Not under the felony murder law. I mean this is kinda right out of the law.
How about the pooooooooor kids who drives people to rob a house. No one even knew someone brought a gun. No one was supposed to be home. But someone was home and one of the criminals brought a gun and kills the homeowner.
Everyone involved in the crime can be charged with the murder.
Heck I remember one time the driver was charged with triple g felony murder because the homeowner shot the three people robbing his home.
Posted on 12/13/23 at 3:54 am to 4cubbies
What crime did the cyclists committ before their death penalty? Cycling while white?
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