Waddington v. Sarausad - 07-772 (2009)     certiorari to the
united states court of appeals for the ninth circuit  No.
07–772. Argued October 15, 2008—Decided January 21, 2009
Respondent Sarausad drove the car in a driveby shooting at a
high school, which was the culmination of a gang dispute. En
route to school, Ronquillo, the front seat passenger, covered
his lower face and readied a handgun. Sarausad abruptly slowed
down upon reaching the school, Ronquillo fired at a group of
students, killing one and wounding another, and Sarausad then
sped away. He, Ronquillo, and Reyes, another passenger, were
tried on murder and related charges. Sarausad and Reyes, who
were tried as accomplices, argued that they were not accomplices
to murder because they had not known Ronquillo’s plan and had
expected at most another fistfight. In her closing argument, the
prosecutor stressed Sarausad’s knowledge of a shooting, noting
how he drove at the scene, that he knew that fighting alone
would not regain respect for his gang, a