In the densely populated Jackson Heights housing complex, th…
In the densely populated Jackson Heights housing complex, three rival gang members—Andre, Malik, and Sean—encounter each other one afternoon on a pedestrian plaza surrounded by apartment buildings, shops, and a nearby elementary school. The three have a long-standing feud, and each is carrying a firearm. Upon spotting one another, they exchange verbal taunts and begin moving toward each other. Witnesses later report that the plaza was busy with families, school children, and elderly residents at the time. Rather than retreat or disengage, all three draw their weapons and begin firing. The gun battle lasts approximately 30 seconds, with more than a dozen shots fired. During the exchange, Malik is killed. Ballistics cannot determine whose bullet killed Malik. At trial, prosecutors charge Andre and Sean with second-degree depraved indifference murder and argue that each intentionally aided the others by willingly engaging in mutual combat that created a grave risk to bystanders. The defendants each argue self-defense, claiming they only fired after being shot at and that they feared for their own lives. Assuming the jurisdiction follows the same legal standards as New York in NY v. Burroughs, analyze whether each defendant could be found guilty of second degree depraved indifference murder. Consider the applicability of complicity and the viability of their self-defense affirmative defenses based on the duty to retreat in NY. Would it matter if one of the defendants had clearly attempted to walk away before shots were fired? Why or why not?