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Most states have laws that make all persons involved in a crime responsible for the injury or death of anyone during the course of that crime. One of the intruders was killed; that equates to murder in this case, and therefore according to state law, the accomplice can and should be charged. If you dislike that, work to get the sgtatute changed. Don;t expect many to be sympathetic to you, though. Consider it this way--what if instead of the victim doing the shooting, imagined that she or her infant were killed. Would you still think that the accomplice should not be charged with their deaths?