The felony murder rule—and I’m using the common definition, not an individual state’s definition—says that if you are part of a team of criminals committing a felony and anyone dies, you may be charged with first degree murder for the death. It doesn’t matter of the death is that of one of the victims, or of one of your accomplices.
In this particular instance, the murder and robbery charges against Gabriela Carballada come as a result of her partner in crime being disarmed by their intended victim, and then shot to death with his own gun.
As various readers have said, when you take on a life of crime, you may face unforeseen consequences.
Phoenix police have arrested a woman on charges related to the robbery of her neighbor and the shooting death of her alleged conspirator.
Police said in April, Gabriela Carballada conspired with Christopher J. Winston to rob Adam Parrish inside his apartment near Cave Creek and Cactus roads.
Police said Winston pistol-whipped Parrish with a gun he had brought to the apartment, but Parrish took the weapon away and fatally shot Winston, 22.
Police spokesman Officer James Holmes said Carballada, 21, ran from the scene while Winston was assaulting Parrish.
Carballada was arrested Friday and faces first-degree murder and armed robbery charges.
Carballada should consider herself lucky. She was a minor participant, and will not face the death penalty as a result.
Mr. Parrish, the intended victim of Winston and Carballada, is not facing charges, as his shooting of Winston was clearly self defense.