Can a person be charged with the above if the fleeing person is merely the passenger in the vehicle but the operator is acting under the instructions of the passenger?

PC 38.04 states "uses" rather than "operates". Has anyone brought a successful prosecution against someone other than the operator?

Thanks in advance.

Don't know why you can't use Sect. 7.02, PC to charge he the "solicited, encouraged, directed, aided" the driver to commit the offense.

I had a case recently on this exact issue. The drunk defendant fired a shotgun and then feld the scene of his girlfriend's home. (Not really sure why he shot the gun outside following an argument inside, but it scared the girlfriend and she called the police). A mutual friend of theirs, who was also an employee of the defendant, drove the defendant away from the scene on the defendant's orders. His statement to the police was that he was "between a rock and a hard place" when the police caught up and his boss told him not to stop. We didn't actually have a hearing on it, but there was no question even raised as to whether the defendant was a party to the evading--he pled to it.

Actually prosecuted a passenger where the driver and passenger were placed in the back of the same patrol car (with the microphone on) after being arrested. The two proceeded to engage in a verbal altercation wherein it was clear that the passenger had encouraged the driver to run from the police. He was charged as a party as suggested above.

Thanks for all the replies.