Full Answer Section

The question is whether Kurt can be charged with felony murder for the death of the homeless person.

The answer to this question depends on the specific laws of the jurisdiction in which the crime occurred. However, in general, the felony murder doctrine would likely apply in this case.

The robbery was the underlying felony that set in motion the events that led to the death of the homeless person. Kurt’s actions in fleeing from the scene of the robbery and hiding in the alley were all part of his effort to avoid being apprehended for the robbery. The fact that he was startled by the homeless person and shot them does not negate the fact that the shooting occurred during the commission of the felony.

Therefore, it is likely that Kurt would be charged with felony murder for the death of the homeless person.

Defenses

There are a few defenses that Kurt could raise to a charge of felony murder. One defense is that the shooting was an accident. If Kurt can show that he did not intend to shoot the homeless person, he may be able to avoid a conviction for murder.

Another defense is that the shooting was justified self-defense. If Kurt can show that he believed that the homeless person was about to harm him, he may be able to argue that he was justified in using deadly force to defend himself.

However, these defenses are likely to be difficult to prove. The fact that Kurt was armed with a gun and had just committed a robbery suggests that he was not acting in self-defense when he shot the homeless person.

Conclusion

In conclusion, it is likely that Kurt would be charged with felony murder for the death of the homeless person. The felony murder doctrine would likely apply in this case, and Kurt would have a difficult time raising a successful defense.