[Scoutmaster]

in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

I'd check Ala. Code 13A-6-2 to see whether 'participant' is limited to others who are participants in committing the crime (which is the way it reads to this lawyer's eyes).

You may well find that the others in the car with Ja'Quares can't be charged with murder under Ala. Code Section 13A-6-2(a)(3) because the death was caused by one of the targeted victims of the attempted crime and not a participant in the attempted crime. There is no definition of 'participant' in Ala. Code Section 13A-6-1, which is the general definitions section for Article 1 (Homicides) and Article 2 (Assaults) of Title 13A: Criminal Code - Chapter 6 - Offenses Involving Danger to the Person. I haven't researched appellate decisions on Ala. Code Section 13A-6-2(a)(3).

[SgtHooper]

Use conspiracy to bring in the other co-defendants.

[ArrogantBustard]

So ... it's beginning to look like the Alabama murder statutes do not apply to the late unlamented Jacquan's (whatever) accomplices in attempted robbery.

Too bad.

We'll see what the Alabama prosecutors think.