Final answer:
Only Brian can be charged with felony murder. Under the felony murder rule, if a death occurs during the commission of a felony, the surviving felons can be charged. This includes deaths of co-felons caused by victims or third parties. option b is correct
Step-by-step explanation:
The question deals with the application of the felony murder rule, which is a legal doctrine in some jurisdictions. This rule allows for a defendant to be charged with murder if a killing occurs during the commission of a dangerous felony, even if the defendant is not the one who commits the homicidal act.
The proximate cause doctrine can extend culpability to all participants in the felony if one of their actions leads to the death of someone, even a co-felon. Regarding the scenario presented
b) Only Brian can be charged with felony murder. Under the typical application of the felony murder rule and proximate cause, when a perpetrator dies during the commission of a felony, their co-felon(s) can still be held liable for the murder.
Brian was participating in the felony (attempted armed robbery) when Alberto was killed by the victim. Therefore, under this doctrine, Brian could be charged with felony murder for the death of Alberto even though he did not pull the trigger himself. option b is correct