Jackson man surrenders here in death, home invasion|[01/07/08]

Published 12:00 am Monday, January 7, 2008

Authorities have one of two Jackson men in custody and have charged him with a highly unusual form of capital murder.

David Cornelius Bass, 30, 222 Ferguson St., surrendered at the Warren County Sheriff’s Department at about 1 p.m. Sunday, said Sheriff Martin Pace.

Authorities believe Bass, 21-year-old Jonathan Bruce and a third person who remains at large went into a mobile home at 25 Red Oak Drive in Warren County on Dec. 30 with intent to commit robbery. A teen who lived in the mobile home shot and killed Bruce in apparent self-defense.

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“This is not an allegation of Bass actually pulling the trigger,” Pace said of the charges. “He is being charged for willfully participating in a felony act in which someone was killed.”

The adults who lived in the mobile home, Pace said, were roadside vendors. Bruce, Bass, and the third man had forced their way in inside about 7 p.m. after inquiring about purchasing shoes, authorities said. The adults were not home and the teen and other juveniles told authorities the intruders started bagging up merchandise. The teen, who has not been identified, shot Bruce once with a .410 shotgun. After being wounded, Bruce turned and walked out onto the lawn, where he was found dead when deputies arrived. The other men fled in a sedan.

Pace said the details of the investigation will be presented to the district attorney, but it appeared the teen’s action — Warren County’s only homicide of the year — will be deemed justifiable.

Pace said Warren County officers worked with counterparts in the Jackson Police Department to identify Bruce’s companions. He said another arrest is expected, but refused to go into further detail.

Normally, intent to kill must be proved as part of a murder case, but accomplices can be charged for actions actually taken by others.

In California, for example, 22-year-old Renato Hughes Jr. is charged in a similar home invasion case.

On Dec. 7, Lakemont homeowner Shannon Edmonds opened fire after three young men rampaged through his house. Two of them were killed. Hughes fled, but is now charged with first-degree murder under California’s Provocative Act doctrine, versions of which have been on the books in many states.

The act doctrine does not require prosecutors to prove the accused intended to kill. Instead, “they have to show that it was reasonably foreseeable that the criminal enterprise could trigger a fatal response from the homeowner,” said Brian Getz, a San Francisco defense attorney.