The triggerman gets charged with first degree murder. Penalty: life without parole
The passenger gets charged as an aider and abettor / first degree murder (same charge at the triggerman.) Penalty: life without parole
The driver gets charged with lesser crimes than the above: using a vehicle in the discharge of a weapon, and with accessory to first degree murder after the fact. Penalty: 2 years to life (with the possibility of parole.)
The driver also has bail (it is high – $1million) and other two are being held without bail.
I can’t figure out why the driver has a lesser charge than the passenger (the aider and abettor which is just as responsible as the triggerman.) The only way I can see the driver getting legally charged with lesser crimes than the triggerman and the passenger is if the passenger and the triggerman working together said “let’s shoot that guy…” and the driver said, “no, don’t do it” and perhaps even tries to prevent, discourage or stop the shooting. Then the shooting occurs immediately and the driver then gets involved in the crime by driving them away as a getaway (becomes an accessory at that point) and helps them try to avoid getting caught. But…I guess I need more facts….
FYI: an aider and abettor is just as guilty as the triggerman. So if the passenger is an aider and abettor – why isn’t the guy driving them?