The Marshall Project

California Law Says This Man Isn’t a Murderer. Prosecutors Disagree

When lawmakers said accomplices aren't the same as killers, Neko Wilson was the first person freed. Now he may go back to jail.

MODESTO, Calif. — After California changed its murder laws last fall, Neko Wilson was the first man to walk free.

Wilson, 37, had been facing the death penalty for a 2009 robbery that led to the deaths of a couple in Fresno County. No one accused him of killing anyone, or even being in the family’s home that night, but prosecutors said he helped plan the break-in.

At the time, that was enough for him to be charged with felony murder, under a doctrine that holds that anyone involved in a crime is to people who actually participate in a slaying.

You’re reading a preview, subscribe to read more.

More from The Marshall Project

The Marshall Project5 min readAmerican Government
Biden Will Try to Unmake Trump's Immigration Agenda. It Won't Be Easy
In one beating, the woman from El Salvador told the immigration judge, her boyfriend’s punches disfigured her jaw and knocked out two front teeth. After raping her, he forced her to have his name tattooed in jagged letters on her back, boasting that
The Marshall Project4 min read
A Pacifist's Plan to Survive the Violent World of Prison
Before I even open my eyes I am reminded of where I am, by the yelling and smell of sweat in the dormitory, the hardness of the metal bunk beneath my four-inch thick mattress, the fluorescent lights burning through my eyelids, my anxiety. When I do
The Marshall Project7 min readMedical
Lax Masking, Short Quarantines, Ignored Symptoms: Inside a Prison Coronavirus Outbreak in ‘Disbeliever Country.’
The latest COVID-19 surge is happening behind bars, too. Here’s three accounts from an upstate New York prison hit by the pandemic.

Related Books & Audiobooks