Pizano v. Superior Court
Supreme Court of California
577 P.2d 659 (1978)
Pizano and Esquivel (defendants) forced their way into a home to commit armed robbery, and as neighbors' calls brought an armed neighbor, Cuna, to investigate, Esquivel grabbed the homeowner, Vaca, as a human shield, held him at gunpoint, and threatened to kill him if police intervened while fleeing, mistakenly believing Cuna was a police officer. Cuna fired at Esquivel but instead struck and killed Vaca, whom he hadn't seen; Pizano and Esquivel were charged with murder, Pizano's motion to dismiss the murder charge was denied, and he sought a writ of prohibition from the California Supreme Court.
Whether a defendant who uses a victim as a human shield is guilty of murder if that victim is killed by a third party and the defendant's conduct was the proximate cause of the victim's death.