If the shooting of Michael Brown is tied back to the convenience store robbery, then by law, if Johnson was an accomplice in that robbery he can be charged with homicide in the death of Brown.
We had a robbery shooting here last year where four yutes from nearby Castro Valley tried to rob a local pawn shop. The owner shot and killed one of the robbers, and the other three ran away. They were all eventually caught and charged with robbery and homicide in the death of their friend.
Johnson could be in the same situation if the shooting of Brown was a result of the robbery that Johnson was also involved in. If it was all one long continuous event, then Johnson could be held liable for Brown's death.
It's not likely that Johnson will be charged, though. Can you imagine the riots that would result from that?
-PJ
I was surprised when the police said that he would not be charged, and I didn’t see any non-verbal cues from him telling Michael Brown that he should put the cigars back where he got them.
Johnson was an accomplice, but I think it unlikely he has liability for felony murder. The theft was not a felony, not sure about the assault. Whether the theft was over at the time of the encounter of the officer would be an issue as well. There are legions of cases on that issue that are too detailed to get into here.