It’s called the felony murder rule and Phoenix Police Sergeant Darren Burch said it applies to this case.
On November 28, 2011, Michael Lowery and another man attempted to forcibly enter a home on 45th Street, just south of Southern Road.
The homeowner shot and killed Lowery and the second man fled the scene, possibly in a car driven by a third man.
The homeowner will not be held responsible, but, the accomplice, should he be caught, may be charged with murder.
To read more about this case, click here.