State v. Walker

Justice WALLACE, JR.,

delivered the opinion of the Court.

This ease implicates the four-prong statutory affirmative defense to felony murder, as set forth in N.J.S.A 2C:ll-3(a)(3)(a)-(d). Defendant Shem Walker was tried separately from codefendant Carl Trupaire on various charges arising out of the death of the victim, Albert Whitley. At trial, defendant presented evidence to show that he struck the victim once; did not know Trupaire had a weapon; watched Trupaire kick and hit the victim; and departed the scene while Trupaire was still fighting with the victim. The State presented sufficient…