United States v. Calderon
United States Court of Appeals for the Second Circuit
785 F.3d 847 (2015)
Eva Cardoza (defendant) helped her boyfriend, gang member Steven Lewis, conduct drug deals for the Latin Kings; while Lewis (but not Cardoza) was present when the gang ordered a member to kill a suspected rival gang murderer in retaliation, Cardoza parked a getaway car as directed on the appointed day, and after hearing gunshots and seeing the shooter flee past her, was instructed by another gang member to retrieve him, which she did. The jury convicted Cardoza of being an accessory after the fact to murder, among other counts, and she appealed.
Whether sufficient circumstantial evidence supported an inference that a defendant who drove a getaway vehicle and retrieved a fleeing shooter actually knew that the underlying crime being covered up was murder, as required for accessory-after-the-fact liability.