A northern Indiana man has been sentenced to 45 years in prison for an attempted robbery in which a 16-year-old boy who was his accomplice was fatally shot by their intended victim.
A St. Joseph County judge sentenced Makyi Toliver, 20, of South Bend on Wednesday after a jury convicted him in July of felony murder and attempted robbery. The murder charge stemmed from the fatal shooting of Curtis Frazier Jr., who was a Riley High School student.
“I think the public doesn’t understand that a co-perpetrator can be killed by the intended victim and the co-perpetrator is responsible for that murder. But the legislature hasn’t changed it,” St. Joseph Superior Court Judge John Marnocha said before sentencing Toliver.
Prosecutors said Facebook messages between Toliver and Frazier showed Toliver “instigated” a plan to steal a handgun from a man Toliver was staying with and beat him up afterward, the South Bend Tribune reported.
During the September 2019 robbery, police responded to a shooting after that man shot both Toliver and Frazier, killing him, during the attempted robbery. Toliver was shot at least eight times, his attorney said.