re: Sentenced to Life for an Accident Miles Away

quote:

---

his commission of a simple burglary

---

quote:

---

...in my opinion, you would go further with this board.

---

quote:

---

I just wouldn't do this. I'm wanting to concede you have some valid points, but then you do this shite. You are giving the accurate perception that you would just prefer this all be deemed a "victimless crime", no enforcement, no consequences should follow.

---

quote:

---

Really though, wasn't it 5 attempted burglaries? That sounds habitual...

---

quote:

---

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.”

---

quote:

---

The men should have been arrested.

---

quote:

---

So if I kill 5 people in one occasion there is only one murder charge?

---

quote:

---

They expand basic misdemeanors into felonies for all the externalities that a felony creates.

---

quote:

---

The deaths were a result of a high speed chase/evading police.

---

quote:

---

You just described what the Manhattan D.A. is doing to Trump.

---