Watch Live: Pike County Massacre Trial - OH v. George Wagner IV - Day 49 Part 2
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Complicity
The state of Ohio has presented a theory that the defendant
acted in complicity with the principal offender(s) in the
commission of each of the Counts and Specifications in the
Indictment. A person who is complicit with another in the
commission of a criminal offense is regarded as guilty as if he
personally performed every act constituting the offense. This is
true even if he did not personally perform every act constituting
the offense or was not physically present at the time the offense
was committed.
Complicity (continued)
Before you can find the defendant guilty of complicity in the commission
of any of the offenses or specification sin the indictment you must find
beyond a reasonable doubt, that on or about the date(s) specified in that
respective Count of Specification in the indictment and in Pike County,
Ohio, or as a part of a course of criminal conduct involving an offense or
element of an offense that occurred in Pike County, Ohio, the defendant,
acting with the applicable culpable mental state required for the commission
of the respective offense or specification, solicited or procured another to
commit the offense, aided or abetted another in committing the offense, or
conspired with another to commit the offense.
Complicity (continued)
AIDED OR ABETTED. Before you can find the defendant guilty of
complicity by aiding and abetting, you must find beyond a reasonable doubt
that the defendant supported, assisted, encouraged, cooperated with,
advised, or incited the principal offender in the commission of the offense
and that the defendant shared the criminal intent of the principal offender.
Such intent may be inferred from the circumstances surrounding the offense
Including but not limited to presence, companionship, and conduct before
and after the offense was committed. The mere presence of the defendant at
the scene of the offense is not sufficient to prove, in and of itself, that the
defendant was an aider and abettor.
Complicity (continued)
CONSPIRED. “Conspired” means to plan or aid in the
planning of the commission of an offense with one or more
other persons or agreeing with one or more other persons that
one or more of them will engage in conduct, with a purpose to
commit, promote, or facilitate the commission of the specific
offense.
Complicity (continued)
If you find that the state proved beyond a reasonable doubt
all the essential elements of complicity to commit any offense or
specification in the indictment, your verdict must be guilty as to
that count or specification, according to your findings.
If you find the state failed to prove beyond a reasonable doubt
that the defendant is guilty either as a principal offender
or as complicit in any given count or specification, then your
verdict must be not guilty as to that count or specification,
according to your findings.