Is first-degree murder an appropriate charge here?

Here’s an interesting statement today from an AP article:

However, prosecutors have charged his alleged accomplice, 29-year-old Dustin Louis Stewart, with first-degree murder. According to authorities, Stewart was with Martin but ran away from McKinley’s home after hearing the gunshots.



“When you’re engaged in a crime such as first-degree burglary and a death results from the events of that crime, you’re subject to prosecution for it,” Walters said.

Source: Oklahoma mom won’t face charges for shooting intruder.

I’m not sure about this one. I admit I cracked a smile that the guy who was shot at is the one being charged with the murder, considering he and his accomplice (who is currently suffering in horrible burning agony in Hell fire) would have likely maimed or killed the woman had she not had a gun. But is a first degree murder charge really appropriate here? Certainly he needs to be behind bars for a very long time, but he didn’t actually commit murder here.

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