If I am not mistaken, Texas is not the only state that has such a rule. For example, there have been situations where 2 thugs rob a convenience store, the clerk or store owner defends himself by killing one of the perps, and the other is convicted of murder since a murder was committed during the commission of a felony. I am sure others with a more thorough understanding of the law would be able to elaborate. In this situation, one would think that Foster’s lawyer (who should theoretically know the law) would have advised his client to cop a plea in order avoid the death penalty. The MSM will paint this thug as a martyr or an “innocent victim” of the ‘evil’ Texas death penalty.
Yes, this is basic criminal law and would be true in most states. The Times, being the Times, has minimized the crime as well as the likelihood of receiving the death penalty in other states.
This guy could have stopped this crime spree at any time by driving the car back to his home. He was out driving a gang of thugs, who he knew were armed, while they were robbing people. He is clearly and quite plainly a conspirator and fully liable for their acts.
I say this as a former criminal defense attorney, but this guy would be in big trouble in most states and there wouldn’t have been much I could have done for him other than have him make a deal to help convict the shooter.