In , Terry wrote in part:

Reese, of the 1200 block of Sutter in University City, was charged
today in St. Louis County in connection with his friend's death --
even though police say he didn't pull the trigger.

The charges against Reese are second-degree murder, first-degree
robbery and two counts of armed criminal action.

Reese is being held in the St. Louis County jail in lieu of $250,000
bond.

Reese is charged with murder because, under state law, he was
participating in a crime during which a person was killed.

The robber who died was identified as Brian Smith, 19, of the 600
block of Ferguson Avenue in Ferguson.

It appears to me that this murder charge is "felony murder", which I see
as meaning, in my words, a manslaughter committed while committing a
felony or in associated with committing a felony.

I do see this charge being abused. If someone accidentally kills
someone other than an intended victim while using or brandishing a deadly
weapon, then I would agree with felony murder. (I would agree with a
higher degree of murder for wrongfully pointing a gun at someone and
experiencing "accidental discharge", such as during a robbery or attempted
robbery.) I would agree with felony murder for a robber's getaway car
driver killing someone via reckless driving.
But if a robber gets a criminal partner killed by an intended victim,
then I only see the robber being guilty of robbery and conspiracy. And if
a police officer slips on a banana peel and suffers a fatal head injury
while chasing a robber, then I don't see the robber being guilty of felony
murder there (though I would support maximum sentence for the robbery and
any weapons offenses and any conspiracy and any other crimes that are
actual illegal activities that the robber voluntarily performed).
It appears to me that a "felony murder" is only committed if the felon
performs a manslaughter. If a robber's partner gets killed in a botched
robbery, I don't see any unlawful homicide so much as the unfortunate
criminal partner suffering a risked effect of doing illegal risky
business, so the surviving robber is only guilty of robbery and conspiracy
and maybe weapons offenses if the surviving robber used or brandished a
weapon, and whatever moving violations are committed while driving a
getaway vehicle (often good for a major license suspension, which I
believe should be served starting after getting out of prison).

DISCLAIMER: Most murders and manslaughters in the USA are violations of
the various laws of the 50 states, and there is no way that I am going to
know what all the laws saying anything about homicide are in all 50 of
them. My experiences of crime definitions are in Pensylvania, and I did
not get any formal training on law in such areas anywhere.

- Don Klipstein )