re: Grandpa of teen killed in OK burglary says AR-15 is unfair advantage.

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If your cohorts are killed and you survive you get charged with murder

I'm sorry every time I hear that it sounds even more stupid.

So we need to charge a 21 year old girl with murder for being the getaway driver for a B&E? That's moronic

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Ya i usually don't mind the law but it seems excessive in this case

quote:

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If your cohorts are killed and you survive you get charged with murder

I'm sorry every time I hear that it sounds even more stupid.

So we need to charge a 21 year old girl with murder for being the getaway driver for a B&E? That's moronic

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It's really not that easy, Fox. The particular facts of a case may warrant the charges.

It reminds me of a case where two guys (in Texas ) robbed a convenience store. Both robbers shot at clerks, but only one robber's bullet hit and killed one of the employees. Both were eligible for the death penalty. Guess who got the death penalty? The guy whose bullet DIDN'T kill the clerk. The actual murderer got life without parole.

The case in the OP is an aggravated one. The dudes were armed. You're in a position to know that the risk of loss of life is elevated. That's the reasoning behind these particular applications of the felony murder statutes.

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So we need to charge a 21 year old girl with murder for being the getaway driver for a B&E? That's moronic

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Besides that the law stating its murder if someone dies as a result of you committing/participating in a felony, regardless of who pulled the trigger.

But in this case, the girl was the mastermind behind the whole planning for the burglary. So she planned out the crime and knew 2 of her accomplices were going in with weapons (which significantly increases the odds of someone being seriously injured or killed). In this case, the surviving accomplice bears a huge amount of responsibility for the deaths of her 3 friends. If she's has a good attorney and is smart, she'll plea deal it down to 2nd degree or manslaughter and at least avoid life in prison.

quote:

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If your cohorts are killed and you survive you get charged with murder

I'm sorry every time I hear that it sounds even more stupid.

So we need to charge a 21 year old girl with murder for being the getaway driver for a B&E? That's moronic

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This is usually by prosecutor discretion.

In this case, she wasn't just the getaway driver. She planned the entire thing and it was to benefit her so she could pay her rent. And it was the second time that day they robbed that house. Both times were her idea and plan and her car that brought them there.

And she was the oldest one (21) and one of the people she convinced to do this that was killed was a minor.