People v. Zielesch
California Court of Appeal
179 Cal. App. 4th 731, 101 Cal. Rptr. 3d 628 (2009)
- Written by Arlyn Katen, JD
Facts
Gregory Fred Zielesch (defendant) posted Brendt Volarvich’s bail and asked Volarvich to kill Doug Shamberger, who was sleeping with Zielesch’s wife. Zielesch and Volarvich used methamphetamine together. Zielesch gave Volarvich a handgun and $400 to buy more methamphetamine. Zielesch knew that Volarvich was mentally unstable and may be arrested if police found him with a gun. The next day, Officer Andrew Stevens stopped Volarvich for a traffic violation. Volarvich was high and afraid that he would be sent back to jail. When Stevens approached Volarvich’s window, Volarvich shot and killed Stevens. A jury found Zielesch guilty of both conspiracy and murder. Zielesch appealed, claiming that Volarvich’s murder of Stevens was not a foreseeable action in furtherance of their conspiracy to kill Shamberger.
Rule of Law
Issue
Holding and Reasoning (Scotland, J.)
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