"To assist the perpetrator of the crime while sharing in the requisite intent." United States v. Martinez, 555 F.2d 1269, 1271 (5th Cir. 1977). To sustain a conviction for aiding and abetting, the Martinez court noted that the evidence must show that defendant was associated with the criminal venture, participated in it as something he wished to bring about, and sought by his action to make it succeed.”
So it goes, the definition of aiding and abetting. If some of the ethnically challenged right-wingers have their way I would have broken the law yesterday. We were in Northern CA, in the middle of a heavy pacific storm driving between two communities. It is about a 25 mile drive. We passed a young Hispanic kid and offered him a ride. His English was no good y nosotros Espanol no es tan bueno pero... He said something we did not understand until I got to an online dictionary today, “Carcel, carcel, policia?” I knew the “policia” part and I could say “no estamos policia.” Carcel means jail I found out. This kid was not hitchhiking just walking in the downpour. He thought we were the ICE people and we were taking him to jail. After we convinced him we were not the Feds he was reluctant to get in. "Sientese en la siya, por favor," I asked. He made it clear he was wet and was worried about our rental car. We drove him to the next town where he had amigos waiting for him and maybe a job. We left him the cash we had, which was not much, after vacation. He could get a hamburger con queso at the local Micky D’s and maybe a coat instead of his Wal Mart quality sweatshirt.
I celebrate this small act of 'aiding and abetting' a young man in his quest for a job and something better than the life he left in Mexico. Who knows, what if this kid were my son or grandson? By our actions and maybe some others we hope he will succeed and be safe. Let us hope the more reasoned and kind among those are seeking their party's nominations in this election year will prevail.
