Q: Can the DC rioters, including the organizers be charged under DC law with the murder of the police officer and rioter?
Under D.C. law anyone acting together to commit a felony may be charged as principles or accessories, DC ST § 22-1805 and DC ST § 22-1806. Most charged admit that they were there to “stop the steal” which was to disrupt congress while in session. It is a felony to intimidate or impede a public official while he/she is performing their duties, DC ST § 22-851. Murder of a police officer carries a life sentence without the possibility of release, DC ST § 22-2106. Under D.C. case law it is not necessary to name the person who committed the murder of the police officer to charge the others, Price v. U.S., 813 A.2d 169 (D.C. 2002). That also includes anyone who may not have there at the time but participated by directing or advising others to commit the crime, DC ST § 22-1805.
A: No, they cannot be charged with murder. For a murder charge, there must be a showing of intent to commit murder. There is no intent. They may be charged with manslaughter if it could be proved that they knew there was a likelihood someone could get killed.
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