Defendant, while not a member of the New York street gang “Latin Kings,” regularly transported gang members and drugs in illegal drug transactions. In one incident, she was told to be available to drive a gang member away from a crime after the gang member finished the job. She was not told the crime included killing a rival gang member. At the appointed spot the gang member got in her car, and she drove him away. The gang member was convicted of murdering the rival gang member. Can the defendant be convicted of murder? If not can she be convicted of being an accessory after the fact to murder under the federal accessory after the fact statute, 18 U.S.C. § 3? What must the prosecution prove for such a conviction? See United States v. Calderon, 785 F.3d 847 (2nd Cir. 2015), cert denied 136 S. Ct. 252 (2015).
