Felony Murder Sample Question (2 actors)

In the below scenario, Bobby Bad and Ellie Evil's plan to rob a convenience store without causing any injury goes tragically wrong.

Given the detailed scenario below:

For Bobby and Ellie, based on the facts presented, identify and justify whether Bobby and Ellie can be prosecuted for murder in the deaths of Heidi and Sarah, as well as defenses, if any. Ensure you scrutinize all requisite elements and identify relevant facts. Limit your answer to offenses and defenses discussed in Modules I and II; you do not need to address inchoate offenses in your discussion.

In this jurisdiction, which does not grade murder by degrees, the law adheres to the common law for all murder offenses, offenses against the person and property, and adheres to the MPC for all other homicide classifications.

Additionally, the jurisdiction has the following statute: "A person commits the offense of felony murder, if, in the course of committing or attempting to commit aggravated robbery, the person or an accomplice causes the death of another individual, regardless of intent to kill. For the purposes of this section, "aggravated robbery" means robbery committed with the use of a deadly weapon.

Bobby Bad and Ellie Evil are planning to rob a convenience store. Bobby will enter the convenience store to get the money and Ellie will be the lookout/getaway driver. Bobby and Ellie agree that they aren't going to hurt anyone but will have to show a weapon so people take them seriously. Bobby and Ellie sit inside the car as they wait for night to fall. Once it is dark, Bobby puts on his ski mask, takes his gun, and goes inside the convenience store. Bobby is shocked to see that the person behind the counter is Heidi Helper, Bobby's ex-wife who left him five years ago for a woman. Bobby is filled with rage at the sight of Heidi, not just because she was his ex-wife but mostly because he is extremely homophobic. Bobby pulls the ski mask off, yells "REMEMBER ME" at Heidi, and shoots Heidi three times in the head. Ellie, hearing the gunshots, runs into the store. Ellie sees Heidi on the floor, gasping for breath, and says "what did you do? Someone heard those gunshots and will call the police!" Ellie grabs a huge roll of lotto tickets off the counter and says "this will have to do" and starts to leave the store. Before Ellie can leave, Stuart Security shows up. Ellie and Stuart get into a gun battle. Stuart accidentally shoots Sarah Shopper, who was cowering in the back corner since she saw Bobby come in wearing the ski mask. Heidi and Sarah both die from their injuries. Both Ellie and Bobby are quickly arrested before they leave the store.