06 April 2007

Seho Park Murder Update

There was a February 26 preliminary hearing in the case against the man accused of killing Seho Park, a case I've been following at this blog. Marcus Bohnenkamp faces murder charges in the killing. A witness testified that he was a driver of the car from which the gunman fired the killing shot.

Witness C.J. Pak said he was standing close to Park outside the nightclub and saw Bohnenkamp driving the car and a gunman shooting out from the right rear window.

He said the defendant and the victim had been friends since middle school. The defendant's ex-girlfriend, Michelle Kim, said Bohnenkamp only meant to scare the crowd.

"It's ridiculous," Pak said about the charges against Bohnenkamp. "The real shooters already jumped town."


The next hearing in the case is April 24.

Pak's statement notwithstanding, Bohenkamp may be in more serious straights than his friend thinks. If the killing can be connected to a felony, Bokenhamp could be liable under Colorado's felony murder statute for first degree murder, even if he isn't the gunman. Even if the killing isn't connected to a separate felony, he could be determined to be part of a conspiracy to murder or even a fellow principal in the murder. A statement from someone who knows Bokenhamp placing him at the scene in the driver's seat of the car from which shots were fired, makes some sort of felony charge almost inevitable. At the very least, he becomes an accessory after the fact to manslaughter.

Under the view most favorable to Bohenkamp and his friend, the shooting itself was not connected with any other felony, was not preplanned, and he didn't even know his passenger had a gun until he fired it, and the firing of the gun wasn't intended to hit anyone. This might net the shooter manslaughter charges and Bokenhamp accessory after the fact charges. If Bokenkamp cooperates and rolls on the shooter, in that chain of events, he might even get some leniency in sentencing on that charge.

On the other hand, it the prosecution were to established that the two knew that someone was going to be shot upon the return, he could be primarily liable for depraved indifference first degree murder. For Bokenhamp, even a plea to conspiracy to commit second degree murder would be a considerable improvement from his worst case scenario. At age 22, there is a big difference between life in prison without possibility of parole or the death penalty, under first degree murder, and a lengthy prison term for a Class 2 or Class 3 felony.

4 comments:

Anonymous said...

The sentence that Marcus received, is truly injustice. Marcus is not the shooter. We know he was the driver for a fact, but even the much greater fact is that he is not the shooter. So why is Marcus locked up? Why must he and his family suffer when he is innocent?
Do the courts and the justice system not care about the lives being affected by this falst conclusion? What happened on 9-17-2005 is truly a tragic to the many of us that knew him. But nothing's been settled, in fact it's even worse because the wrong man is locked up right now. Seho's murderer must be brought to justice, and that Marcus Bohenkamp is not the man. So somebody, anybody that truly cares for a person's soul, please do something and help Marcus.

Anonymous said...

An innocent man was killed,
and an innocent man is locked up.
How is that Justice?

Anonymous said...

He was in the car! that is guilty! If he didnt want to get in trouble or harm anyone he should a stayed home! Seho died cuz sum asshole wanted to be "the man" n scare ppl with a gun. U dont think Marcus noticed 2 semi automatic rifles goin in his car?????? he was part of their gang FUCKIN DUH! Marcus helped him do that by driving. He could have made a choice to stay home just like everyone in the car had that choice but they didnt SO with that fuck everyone in that car they all should get shot in the face! just like Seho got shot his family lost someone they love to some asshole that unbelievably has not gotten caught they will kill again n if u think hes innocent i hope they get someone you love next!

Anonymous said...

Marcus did deserve some sort of punishment but not to that degree. The real killer is it there raising his kid and enjoying his life guilt free. The police knows his name and did nothing about it. Sadly, We lost a great soul and miss Seho everyday. Justice should be served not only to Marcus but also the real killer.