Does anyone else have a problem with this? Regardless of who committed/was commiting the crime, it seems like the DA is just looking for a bigger charge.
Many states have this law. If you get into a shoot out with cop while doing an armed robbery and the cop shoots you and kills you, your buddy who is driving the get away car in the parking lot will be charged with the homicide. It would be the same as if he had pulled the trigger himself. When you engage in criminal activity and someone is injured or killed it is all on you.
Nope, no problem at all. A lot of states have a law like that. If someone dies during the commission of a crime, even if it's a perp that dies, all of the surviving perps go down for murder 2 or manslaughter. There is an easy way to avoid that.
In many (most) states, even a getaway driver sitting in a car can be charged with murder if one of his cohorts who is robbing the bank shoots and kills the security guard.
Since it’s their law (as it is with many other states), I would have a problem if they didn’t charge him with murder.