Insurance Fraud is a Violent Crime
Post 5079

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No Resentence: Murderer for Hire & Insurance Fraud Stays in Prison

James Theron Elliott was convicted by a jury for multiple crimes, including first-degree murder, stemming from a conspiracy to kill jewelry dealer Ben Rudman. Elliott had hired Charles Thomas to carry out the murder in exchange for valuable consideration, which the jury confirmed through the special circumstance finding of “murder for hire.”

In The People v. James Theron Elliott, H051762, California Court of Appeals, Sixth District (May 14, 2025) James Theron Elliott was convicted for conspiracy to commit murder, robbery, grand theft, and insurance fraud, as well as first-degree murder.

TRIAL DETAILS

Elliott was charged with three counts, including conspiracy to commit murder, and the jury was instructed on various theories of murder liability, including conspiracy and felony murder. The jury ultimately found Elliott guilty on all counts, and his conviction was based on the direct aiding and abetting theory, which remained valid under the law even after recent legislative changes.

RESENTENCING PETITION

In 2023, after many years in prison, Elliott filed a petition for resentencing under section 1172.6, claiming that he met the statutory conditions for relief. He argued that his conspiracy conviction did not necessarily imply intent to kill at the time of the murder, suggesting that he could have withdrawn from the conspiracy. The prosecution opposed the petition.

COURT’S RULING

The trial court denied Elliott’s petition, stating that conspiracy to commit murder is not eligible for resentencing under section 1172.6. The court noted that the jury’s true finding of the murder for hire special circumstance further confirmed Elliott’s intent to murder.

LEGAL PRINCIPLES

Senate Bill No. 1437 amended the felony murder rule and clarified the requirements for murder liability. The changes did not affect the direct aiding and abetting theory of murder, which requires the defendant to possess malice aforethought.

Elliott’s conviction was not impacted by the legislative changes, and he remained ineligible for resentencing.

CONCLUSION

The California Court of Appeals affirmed the trial court’s decision to deny Elliott’s resentencing petition, concluding that he was not entitled to relief under the amended Penal Code due to the nature of his convictions.

Defendant was required to show, among other things, that he was “convicted of felony murder or murder under the natural and probable consequences doctrine” and that he could no longer be convicted “because of” the 2019 statutory changes. Defendant could not satisfy those requirements because he was convicted of first degree murder under a theory of direct aiding and abetting express malice murder that is unaffected by the 2019 changes.

By convicting defendant of conspiracy to commit murder, the jury necessarily found he harbored the intent to kill when he conspired to commit murder.

CONSPIRACY TO COMMIT MURDER IS NOT ELIGIBLE FOR RESENTENCING UNDER SECTION 1172.6

Because conspiracy to commit murder is based on the conspirator’s own mental state, it requires that a defendant either act with malice or intend to kill. And because section 1172.6 does not offer relief for a person convicted of conspiracy to commit murder, any purported instructional error regarding that conviction which could have been asserted on direct appeal is irrelevant. The Legislature when it enacted Senate Bill No. 1437 did nothing to change the applicable law so as to resurrect an argument he had already abandoned.

ZALMA OPINION

Many prosecutors and judges refuse to accept the fact that insurance fraud is a violent crime. Mr. Elliot, as part of his insurance fraud attempt hired a person to murder a jeweler and was convicted of conspiracy to commit murder which required the jury to find that he directly aided and abetted the murder with express malice to murder he was not entitled to resentencing. It is good to see the California Court of Appeals accepting the fact that insurance fraud is a violent crime coupled with an intent to commit murder for hire.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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