Felony murder works as follows: if you are participating in any "violent felony"* and someone dies as part of that (even one of your cohort who's helping to commit the violent felony), you are guilty of murder just as if you'd pulled trigger (or did whatever else brought about the person's death).
So I have a serious question on the above...two scenarios I'm hoping someone can help me understand...I'll use Hernandez's name, but I'm not really speculating as to whether either of these may have happened, I'm more interested in the legal view...assuming they did.
Scenario 1 - Hernandez, Lloyd, and his buddies drive out to this industrial park to hang out. Nobody went against their will. While there, randomly, AH's buddies just pull out a gun and shoot Lloyd. Hernandez had no clue. Under this scenario, there was no participation by AH in a violent felony. He was just there. They didn't kidnap Lloyd or anything. Is AH guilty of murder here?
Scenario 2 - If scenario 1's answer is "no," then I guess my next question is whether the commission of a "violent felony" includes the cover-up...i.e. if Hernandez had no clue they were going to shoot Lloyd, and he didn't participate, he didn't play a role in any violent felony...until afterwards, when perhaps his "role" was to help with the cover-up. Does simply participating in the cover-up count? Consider a different case if it makes it easier to grasp...for those of you familiar with the
Serial podcasts...Assume Adnand killed Hae by himself. Assume Jay helped Adnand bury her. Could Jay's participation in the cover-up after the fact make him eligible for a murder charge even though he had no role in her death?