A Deal With an Informant

The Defendant, a deputy sheriff, boasted to a former co-worker that he would do illegal jobs for money. Unknown to the Defendant, the co-worker went to the FBI, and the two men -- the co-worker now acting as a paid government informant -- arranged a series of deals. The Defendant agreed to provide armed protection for what he believed were drug transactions, and when the informant said a buyer had cheated him, the Defendant offered to kill the man for five hundred dollars. He drove to a motel carrying a loaded pistol to carry out the hit and was arrested. He was charged with conspiracy to commit first-degree murder. The catch was that the only person the Defendant ever agreed with was the informant, who never intended that any murder occur. The Prosecution argued that the Defendant's own criminal intent and overt acts made him a conspirator. The Defense argued there can be no conspiracy where the sole partner is a government agent merely feigning agreement.