People v. Vang

Opinion

HOCH, J.—

In this case, we conclude the death of a structure’s inhabitant renders that structure uninhabited within the meaning of the arson statute. This is so even where the arsonists murder that inhabitant before setting fire to the structure.

Defendant Joson Vang and his cousin, Ronnie Vang, 1 broke into Keith Fessler’s house to steal some property. Fessler was home at the time. When he came out of a back bedroom and confronted the burglars, they beat him, tied him up, and Ronnie executed him with two shots to the back of the head. After taking several items from the house and…