United States v. Elizabeth Nichols Chagra
807 F.2d 398 · U.S. Court of Appeals · 1986
Facts
Elizabeth Chagra was involved in the murder of Federal Judge John H. Wood, Jr. Her husband, Jimmy Chagra, and brother-in-law, Joe Chagra, discussed killing Judge Wood. Elizabeth Chagra told Jimmy Chagra it was "ok" to kill the judge during a conversation in her kitchen. After Jimmy Chagra met with the assassin Charles Harrelson, he asked Elizabeth what he should do, and she urged the killing of Judge Wood. Following the murder, Elizabeth Chagra delivered money to Harrelson's stepdaughter, knowing it was payment for the killer.
Procedural history
Elizabeth Chagra was initially convicted of conspiracy to commit first-degree murder, but this conviction was reversed on appeal due to incorrect jury instructions regarding premeditation. The case was remanded, and a superseding indictment charged her with conspiring "to kill with malice aforethought," omitting premeditation. Her motion to dismiss this new indictment was denied, leading to her subsequent trial and conviction.
Issue
Can a person be convicted of conspiracy to commit second-degree murder, an offense not requiring premeditation? Did the jury instructions correctly define intent and was there sufficient evidence to support the conviction, and was the sentence excessive?
Holding
The court affirmed Elizabeth Chagra's conviction, finding that conspiracy to commit second-degree murder is a valid offense, the jury instructions on intent were correct, there was sufficient evidence, and the sentence was not an abuse of discretion.
Rule
Conspiracy to commit a particular substantive offense requires at least the degree of criminal intent necessary for the substantive offense itself, but not necessarily that the agreement itself was premeditated. For conspiracy to commit second-degree murder, the government must prove that at the time of the agreement, the defendant intended to kill with malice aforethought. Malice aforethought includes an intent to kill or an intent to act in callous and wanton disregard of the consequences of human life. An impulsive killing can still be an intentional taking of life with malice aforethought, thus forming the basis for conspiracy to commit second-degree murder. Jury instructions are reviewed by looking at the entire charge and arguments made to the jury to determine if, in context, the jury was given incorrect instructions.
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