Tagger May Be Charged With Friend’s Death : Law: D.A.’s office could find that David Hillo’s involvement in alleged robbery attempt makes him liable for murder.

Police looking into the fatal shooting of a graffiti painter are putting together a case that could leave prosecutors facing this question: Should a fellow tagger who escaped with minor wounds be charged with his friend’s murder, even though the man who shot them both won’t be?

The paradoxical legal issue could be the next development in a heated case that erupted last week when William Andrew Masters, 35, of Sun Valley killed Cesar Arce, 18, and wounded Arce’s friend David Hillo, 20, in a confrontation that began when Masters caught them spray-painting graffiti on the pillars upholding the Hollywood Freeway where it passes over Arleta Avenue in Sun Valley.

Prosecutors announced Thursday that they would not charge Masters with the shootings, saying he had acted in justifiable self-defense when he fired on Hillo and Arce, whom Masters accused of trying to rob him.

But Los Angeles Police Detective Mike Coffey confirmed Tuesday that his office is preparing information to present to prosecutors, possibly later this week, regarding Masters’ allegation that Hillo and Arce tried to rob him.

“When somebody has accused somebody else of a crime, we have to submit it to the district attorney’s office,” Coffey said.

The important thing about an attempted robbery charge is that it could trigger prosecution of Hillo for the killing of Arce.

Under a legal principle in California law known as “vicarious liability,” prosecutors can charge somebody with murder even if he did not commit the actual act, but took part in a criminal act that caused the death.

Deputy Dist. Atty. Bob Cohen, explaining the law Tuesday, gave the example of two robbers who get involved in a shootout with a police officer, who kills one of the robbers. Under California law, the surviving robber could be charged with the slaying of his accomplice, and such prosecutions are common.

“If your act is viewed as so provocative that it caused another person to use deadly force, you can be held responsible,” Cohen said.

Even if Hillo is charged with attempting to rob Masters, however, it is at the discretion of the district attorney’s office whether to bring the murder charge as well, Cohen said.

Cohen said the important issue may be whether Hillo threatened Masters with the screwdriver Hillo has admitted he was carrying, although Hillo denies he used it as a weapon.

“I don’t know that anything will be done,” Cohen said in an interview Tuesday. “But all things are possible.”

Cohen warned that being able to prove to a jury beyond a reasonable doubt that Hillo was trying to rob Masters would be much more difficult than it was to conclude that Masters was justified in shooting them. That required finding only that Masters had an “honest and reasonable” belief that Arce or Hillo was going to seriously injure him.

Hillo, who denies he and Arce tried to rob Masters, said Tuesday that the prospect of facing criminal charges does not bother him.

“I’m not even worrying about this,” Hillo said. “I know the truth.”

But Masters stands by his accusation and said he hopes Hillo will be charged, at least with attempted robbery.

“He tried to commit an armed robbery,” Masters said.

Masters himself also faces possible misdemeanor charges for carrying a concealed weapon without a permit. The case is under review by the Los Angeles city attorney’s office.

Hillo could also face a misdemeanor charge of vandalism, for the graffiti he painted.

Coffey said the situation--in which everybody involved faces possible charges--puts prosecutors in a tough position.

“You’ve got a real problem,” Coffey said. “Who gets immunity to testify?”

In addition to possible prosecution, Masters faces the threat of retaliation. At Arce’s funeral Monday, his aunt Myrtle Caldera predicted that her nephew’s friends would seek revenge against Masters, saying “they’re going to hunt him.”

But in an interview Tuesday, Masters said he does not believe he is in any danger.

“I don’t think those were really threats,” Masters said. “That was just her opinion of how the friends of her nephew would behave.”

“If they come over and do something to retaliate, I’ll deal with it,” Masters said. “But I think that was just people blowing off steam. The average person is not capable of murder.”

Since the shooting, Masters said he has received about five threatening phone calls, which he has reported to police. He has also received many more calls from well-wishers, some of whom offered to let Masters stay with them out of concern for his safety.

“I don’t think that’s really necessary,” he said.

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Times staff writers Ann W. O’Neill and Nicholas Riccardi contributed to this story.