[SJC_Hacker]

It depends on the state, Virginia definitely has felony murder. But the guy was just charged and convicted with plain old first degree murder. Intentionally driving your car into a crowd would seem to make that an open and shut case.

The felony murder statue would apply if say, he had some accomplice, who also committed a separate felony during the commission of the crime (like for instance, they had stolen the car), but it couldn't be proved that he was also complicit in driving the car into the crowd. But since the indirect cause of the death was the accomplice's aid in stealing the car, he could get charge with felony murder.