Question
Ava used to work as a daytime housecleaner for Claire, who had terminated Ava's employment. Ava decided to go to Claire's house the following Saturday
Ava used to work as a daytime housecleaner for Claire, who had terminated Ava's employment. Ava decided to go to Claire's house the following Saturday when she thought Claire would be at her weekly book club meeting, and to take two large paintings worth several thousand dollars and to sell them. Ava told Ben of her plan and offered to pay him one-third of the proceeds from the sale of the paintings if Ben gave her a ride and helped her load the paintings into his van. Ben said he needed to think it over.
Shortly after sunset on Saturday night, Ben picked Ava up and they drove in his van to Claire's house. Ava used a copy she had made of a key that Claire had given her to open the locked front door. Claire was sick with the flu and had decided not to go to her book club meeting. Claire walked into her living room just as Ava and Ben were taking down the first painting. Claire suffered from a serious heart condition. Claire screamed when she saw Ava and Ben, had a heart attack, collapsed, and died.
Ben, not realizing that Claire had died, told Ava that he was done doing jobs with her and used his cell phone to call an ambulance. After Ben hung up the phone, Ava ran out without the paintings and she fled.
Ben was arrested.
With what inchoate or homicide based crimes can Ben reasonably be charged, and what defenses, if any, may he reasonably raise, and what is the likely result? Discuss.
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