In re the Personal Restraint of Sims

Mosi Sims and his twin brother Umi got into a fistfight with Vendell Henderson. The fight broke up and the brothers were walking back to their car when Henderson threatened the Sims’ family. Umi went back to the car, got a gun, and fired two shots at Henderson, killing him. A jury convicted Umi of felony murder. They convicted Mosi of first degree manslaughter. The jury received an accomplice liability instruction stating that Mosi was an accomplice to the shooting if he knowingly facilitated “a crime.” That instruction was later held to be erroneous in State v. Cronin, 142 Wn.2d 568, 579,14…