A call was received regarding a vehicle on fire. The local fire department responded and extinguished the fire. When the automobile was checked, two bodies were located in the back of the truck. Further investigation revealed that both people had been shot before the vehicle was set on the fire. It was determined by firefighters that an accelerant, such as gasoline, was used to set the fire after the shooting.
During the course of the investigation, two suspects were arrested. John Smith was arrested and charged with third-degree arson, conspiracy, and two counts of first-degree murder. Jack Jones was arrested and charged with third-degree arson and conspiracy. He was charged with two counts of accessory to murder.
The bodies were sent to the state medical examiner’s office for a determination of the cause of death. It is determined that both victims died of the gunshot wounds they suffered before the fire was started.
John and Jack were spotted earlier in the evening having drinks with the two victims. After hours of drinking alcohol, the bartender reports that there was an argument over a pool game between John and one of the victims. At the end of the argument, the victim threw his pool stick down and stormed out of the bar, followed by the other victim. John and Jack left the bar shortly after.
Although John and Jack left the bar at 1 a.m., their wives indicate that they did not return home until after 6 in the morning. John’s wife also indicates that his gun was missing from the safe. This is the same type of gun that was used to shoot both victims.
Now, identify and outline which evidence you would offer in a preliminary or grand jury hearing, and then identify what elements it would prove.
Length: 3-5 pages
References: Include two to three legal resources.
Your assignment should demonstrate an understanding of legal research and writing. You should use critical thinking, practical application, and analytical reasoning in completing the assignment. In addition, the assignment should display a good understanding of the substantive content, and demonstrate your ability to communicate information clearly, effectively, and in an appropriate tone. BLUEBOOK standards for legal formatting and citation should be adhered to in this assignment. PLEASE USE the law according to New York state.
