Attached is a bar exam question with a fact pattern of various criminal acts. your supervising attorney asks to prepare a memo evaluating whether each individual can be charged with the offenses listed below and, if so, what degree of the offense. Please provide a short explanation of your answer, such as what elements are missing (if you decide the charge is not supported by the evidence) and what elements determine which degree of t h e offense you think each individual should be charged with. You should also identify who the victim would be for each offense.

refer to (Title 11 of the Delaware Code, found online at: https://delcode.delaware.gov/title11/index.html)

Steve

Criminal Solicitation

Carrying a Concealed Deadly Weapon

Possession of a Firearm During the Commission of a felony

Conspiracy

Robbery

Murder

Menacing

Conspiracy

Wayne

Robbery

Carrying a Concealed Deadly

Weapon Possession of a Firearm During the Commission of a Felony

Murder

Conspiracy

Kelvin

Wearing a Disguise During the Commission of a Felony

Assault

Robbery

Conspiracy

Melvin

Wearing a Disguise During the Commission of a Felony

Assault

Robbery

Conspiracy

On March 10, 2016, Anthony and Bill spent the afternoon playing video games. That evening they decided to take a walk to purchase some marijuana. As they walked along Main Street in the city of Wilmington, they observed four individuals hanging out in a corner. All four wore jeans with a green bandana tied to a belt loop, and each wore identical black canvass high-top sneakers with dark green laces. One of the four, Steve, called out to Anthony and Bill and asked if they were looking to purchase drugs. In response, Anthony and Bill nodded. The four walked toward Anthony and Bill. As they approached, Anthony and Bill noticed that Steve had a framing hammer hanging from a tool belt on his waist. A second individual, Wayne, had his left hand in his jacket pocket; it appeared that Wayne was holding a weapon in his pocket. The other two men, Kelvin and Melvin, were physically large and imposing. Kelvin and Melvin's faces were mostly concealed; the two were wearing black hooded sweatshirts with the hoods covering their heads and the drawstrings tightened. When Steve, Wayne, Kelvin, and Melvin got within a few feet of Bill and Anthony, Wayne, with his left hand still in his jacket pocket, asked how much money they had, and what they wanted. Anthony said he had $20 and wanted marijuana. In response, Wayne pointed his left hand, still within his jacket pocket, in Anthony's direction and told Anthony and Bill to empty their pockets. Anthony responded that he only had $20. Bill had no money, but he did have a smartphone and a folding knife with a 4" blade in his pocket. Steve became impatient and removed the hammer from his waistband and raised it in the air as if to prepare to strike Anthony and Bill. He told them that this was not a joke and that Wayne's "hammer" could cause even more damage. Anthony and Bill understood "hammer" to be a slang term for a handgun. Kelvin and Melvin then physically grabbed Bill and pulled him away from Anthony. They repeatedly punched Bill in the head and knocked him unconscious. Bill regained consciousness after a few seconds as Kelvin was going through his pants pockets. Kelvin pulled out the cellphone and the folding knife. Wayne removed his Jett hand from his pocket and was holding what appeared to be a gun. He pointed it at Anthony's head and pulled the trigger. No bullet discharged. Steve then grabbed Anthony and reached into his pockets and took all of his money. Steve found $ 50 in Anthony's pocket. Realizing that Anthony had lied to him, Wayne, with his gun still aimed at Anthony, pulled the trigger a second time. The gun fired and a bullet struck Anthony in the center of his chest. Steve, Wayne, Kelvin, and Melvin fled on foot. In response to the gunfire, a resident of a nearby home called 91 1 summons police. When the police arrived, they found Bill conscious but disoriented. An officer took Bill to the hospital for treatment. Bill sustained a permanent injury to his head. Officers found Anthony bleeding but alive; his pulse was weak and he was barely breathing. Paramedics loaded Anthony into the ambulance; he died before he arrived at the hospital. Police investigators found a single shell casing at the scene, indicating that Anthony may have been shot by a semi-automatic firearm. Police also found a green bandana on the ground. The police believed that the green bandana evidenced the assailant's association with the "Late Night Posse." Bill was released from the hospital within 12 hours of admission. He was interviewed at the police station and gave the police detailed descriptions of all four suspects. After the shooting, Wayne went to his cousin, Mary's, apartment a few blocks from the scene. Wayne did not know that Mary was on probation. Wayne excitedly told Mary that he just killed a guy and that it was not his first. He showed her the black, semi-automatic handgun he used to shoot Anthony. He told Mary that the gun did not fire the first time he pulled the trigger. He explained that he pulled the tr igg er again because the " dude lied and disrespected me ." He told her that Steve and a couple of other guys were with him and that they split the money they took from Anthony. Wayne stayed the night and, in the morning, he asked Mary to help him get rid of the gun. Mary drove him to the Brandywine River and watched him throw the black gun as far as he could into the water. Later that day, Mary contacted her probation officer and told him that she had information about Anthony's murder. Her probation officer contacted police investigators. She then went to the police station and provided the investigating detectives with a video-recorded statement. She told them that Wayne told her that he killed a person. She relayed how he described the gun misfiring and then shooting "someone looking for weed" after he was "disrespected." She also told the police how Wayne described the Late Night Posse, and how the organization was going to receive money and a smartphone. Mary expressed concerns about testifying against Wayne and feared that if she had to testify against him in court, she would end up as his next "body." Mary did not tell the police she drove Wayne to the Brandywine River and saw him dispose of the gun. Detectives believe Mary has a legitimate reason to be concerned for her safety, given the violent reputation of the Late-night Posse. The lead detective sends an email to Mary's probation officer, explaining that she was helpful in solving a murder and that she would like to move, but can't because her probation requires her to remain in New CastleCounty. Sometime between the arrest and the time of trial, the lead detective ran into Mary. Mary told him her probation officer wrote to the Judge, requesting she be discharged from probation one week after she gave her initial statement to the police. Mary also told the detective she wants to move away for her safety. The detective gave Mary the number of a personal friend, named Jack, who rents property in Lewes. Jack gave Mary a generous rate on a rental in Lewes after she told him she knew the detective, and she immediately moved to Sussex County.