Reference no: EM132698370

It is 2018. Ben recently lost his job. The bank is about to foreclose on his house. He decides that the quickest way to get money is to rob a convenience store. He grabs his .40 Caliber Beretta sub-compact pistol and makes his way to the nearest convenience store.

Ben pulls into the parking lot and notices a woman talking on the phone. He walks up behind her and touches her hair (he thinks it is beautiful). The woman turns around, slaps him, and yells, ‘You creep! I am going to call the cops!' to which Ben replies, ‘charge me with what? Hair touching?'

Ben then decides to make haste on the robbery idea. He enters the store and pulls his Beretta out. However, Ben is a 'softee' and would never kill anyone. He would never have the nerve to pull the trigger. He demands the money in the cash register from the clerk. The clerk begins gasping...he clutches his chest, falls to the ground, and instantly dies from a heart attack. Ben didn't intend to kill anyone!

Ben then gets scared. He runs out of the store without the money. Ben forgot to holster the firearm; while running away from the store, he trips and falls to the ground. When he hands, his finger is pushed back on the trigger, from impact, and the gun fires a round. Ben looks towards the direction where the gun fired, and he sees Pogo the Clown holding his chest with blood soaking his costume. Pogo the Clown falls to the ground and dies.

Ben runs to his 1998 Geo Tracker and makes a speedy getaway. Ben thinks to himself, ‘Whew! I am glad I didn't take the money or shoot anyone. I could have wound up in prison for a long time.'

1. Has Ben committed Felony Murder?

2. If charged with murder, would the circumstances warrant a charge reduction from murder to manslaughter?

3. Could Ben be charged with assault, or battery, for touching the woman's hair? Explain.

4. Could Ben be charged with murder for Pogo the Clown's death?