http://abcnews.go.com/US/man-fatally-shoots-home-intruder-phone-911-theyre/story?id=43905139 In Sunrise, Florida, a home owner used a pump shotgun to fire four rounds, killing one of three broad daylight home invaders. Albert Jones finally became a legal adult, then his life ended from his stupidity.
Is it fair to charge the two surviving burglars with murder for the death of their buddy who suffered from buckshot poisoning? I'm all for "felony murder" charges on all bad guys when a "murder" or any foreseeable death of an innocent person occurs... ... But here there was no murder, and no innocent person was harmed, and the State and people of Florida are better off with one less felonious thug to deal with. Just charge the burglars with home invasion burglary and aim to give 'Em 20 years in prison.
I'd say that stupidity is an understatement for these types. I would describe it as active malevolence.
I don't claim to understand the nuances of "legalspeak" but I look at felony murder charges more as a form of deterrence for those who might engage in criminal acts where there's a very strong potential of murder to be committed by either side - victim or perp. In most cases though, it seems the perps never consider this possibility.