Question about the murder of the Capital Hill policeman

[sorrybushisfromtexas]

In Texas if you are part of of a criminal incident you can be tried for murder even if you were not involved in the murder itself. Since everyone inside the Capital was part of a criminal incident, could they be all charged for murder?
In the 1970’s I had a acquaintance show up at a murder scene hours after the man was killed and put some stolen goods in his trunk to sell. He was given 20 years for 2nd degree murder. He was a good guy that got mixed up with drugs and started fencing stolen goods. Is there a federal law that could be used that way?

[Thomas Hurt]

1. I was curious about this as well, felony murder I believe, not sure if there is a fed version.

[beachbumbob]

2. this is universal, commision of a felony and death results all those invovled in the commision are

subject to first degree murder charge and in this case, death sentence.

felonies start happening once the mob crossed the soft security line and the charges increase as they got into the Captial itself. These folks they were going to get by with it.

the greatest display of arrogant white privilege never seen in my 67 years on earth

[sorrybushisfromtexas]

3. Good!

Charge them all!

[njhoneybadger]

4. It's hard to charge people when some were practically ushered in by Capitol Police.

[Yonnie3]

5. Link to an article

I had bookmarked this for later reading.

https://lawandcrime.com/legal-analysis/could-the-capitol-rioters-really-be-charged-with-felony-murder-for-death-of-ashli-babbit/

...

Broadly speaking, suggestions of using the felony murder rule to hold rioters at the Capitol accountable for Babbitt’s death have some legal merit. Certainly, there were lawbreakers afoot, and a person’s death is a foreseeable result of mob violence in patrolled and secured government buildings where armed guards are present.

A criminal prosecution would require all elements to be proven beyond a reasonable doubt, however. The specifics here are as of right now far less certain.

For starters, the federal murder statute (which is the law that would apply to crimes committed in the District of Columbia) lays out the following list of crimes that could constitute an underlying offense for felony murder:

“[a killing ] or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children.”

...

[RockRaven]

6. There is a felony murder rule, it may or may not apply, AFAIK.

It really depends on some specifics.

Here's an article which doesn't address the question directly, but in relation to the woman who was shot. Different facts so possibly different conclusion.

https://lawandcrime.com/legal-analysis/could-the-capitol-rioters-really-be-charged-with-felony-murder-for-death-of-ashli-babbit/

Not a lawyer but I highly doubt they could charge every law breaker that day with this murder. But if for example there was a handful or two of criminals who were attacking the cops at the same time, maybe they could charge all of them. But even then they'd have to convince the jury that there was an underlying crime from the list (maybe attempted arson, murder, kidnapping, or burglary) being perpetrated by that group.

[DLCWIdem]

7. Isn't it called the felony murder rule

[Jersey Devil]

8. Felony-murder rules can be quite complicated

Not sure what the federal rules are, but, for instance, in some states a death during certain felonies can lead to a felony-murder charge, but it depends on what the underlying felony was. In some jurisdictions a death during a break and entry would not be felony murder whereas a break and entry after dark would constitute a "burglary" allowing a felony murder charge. So even the time of day the crime was committed might affect what can be charged.

[obamanut2012]

9. Everyone there can be charged with five Federal felony murder charges

And, the murdered Cap will have an extra charge, since the victim was a Federal officer.