A guy on a local forum I visit pulled the felony murder statute (bold section can just be read as a sentence, pretty much):
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Quote:
A. A person commits first degree murder if:
2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1, or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
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How do you determine "cause"? Would they have crashed their helicopters if the pilots had flown properly? Probably not. Would they have crashed their helicopters if he wasn't fleeing from police? Unequivocally: no.
And note the very last part: "the person or
another person causes the death of any person." Another person could be the pilot(s) at fault.
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That tends to be if you can demonstrate that the negligence of the one being charged led to the death. This guy's negligence can't be tied to the helicopter accident because they're incidental.
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And, sure, that's the defense. Like I said, devil's advocate. All I'm saying is that it isn't air-tight enough for the AG to not consider it.
I am a dolphin, do you want me on your body?