Fern Creek Murder Suspect Arrested

Local reporters are covering new developments in a story I recently uploaded.  There was a fatal shooting at a Hames Trace apartment complex.  New reports indicate the Fern Creek murder suspect arrested is 19-year old Yacir Raful, Jr.

Click to watch video from WDRB 41 Louisville News

There’s a classic defense at play here.  Yacir is claiming that he was there at the time of the crime, but someone else actually shot the victim (SODDI Defense – Some Other Dude Did It).  This strategy is used to set up a number of options:

  • The defendant can maintain his innocence.
  • It offers a legitimate reason to doubt the defendant was the murderer. This may help to avoid a death sentence if the prosecutors are seeking capital punishment.
  • The defendant’s attorney may be able to get a plea deal involving a reduced charge, or possibly immunity.
  • The Louisville Metro Police and investigators have to keep looking for a potential 2nd

The Fern Creek murder suspect has admitted that the shooting involved a drug deal.  This admission will play on the minds of the jury, if this case gets that far.  An experienced Louisville criminal defense attorney may try to convince the judge and jury that the defendant was there, but didn’t know what was about to happen and further, didn’t play a role in the actual shooting.

Conspiracy to Commit Murder

If prosecutors decide not to pursue capital punishment against Yacir Raful, Jr., they may be able to build enough of a case to get him convicted of Conspiracy to Commit Murder.  In this circumstance, if it can be established that the defendant was involved in the discussion and/or planning of the shooting, that may be enough to prove the charge.  Even if the shooting had not occurred, prosecutors may be able to substantiate the fact that a plan was in place.  But this is different from charging him as an Accessory to Murder.

What’s Accessory to Murder?

Accessory to Murder, by its definition means that the crime was actually committed.  In the above situation, Mr. Raful was there when it happened.  Prosecutors may decide to pursue this lesser charge, especially as part of a plea bargain, if it means getting enough of a confession to enable them to pursue murder charges against the other person.

All of this starts by employing the classic defense, “It wasn’t me.”  The prosecution will take as much time as needed to gather evidence and build the case(s).  They have the resources to conduct an incredibly thorough forensic investigation.

If you find yourself involved in a crime you didn’t actually commit, just like this Fern Creek murder suspect, find a successful and experienced criminal defense attorney – quickly.  There are ways to begin building your case in an effort to prove your innocence.  Don’t get railroaded into a conviction for a crime you didn’t commit.