So, by this scenario, when someone confesses to a lesser crime, they should expect to be charged with a far greater crime first, so that the world should think that they are a murderer when in fact they are actually helping LE? I'm sorry, but that still doesn't make sense to me. Why would anyone cooperate with LE if LE routinely charged people with more serious crimes when they confess to minor ones? There is no incentive there to cooperate if that is the case.
And even if that were the case, couldn't it apply to DM as easily as it could apply to MS?
Also, I believe that the scenario about someone not knowing that a crime is going to happen and not participating but confessing afterwards to being an accessory after the fact does not automatically mean a first degree murder charge unless confinement was involved, or some other mitigating factor, if I remember correctly.
All my opinion only.
It seemed inevitable the second suspect was going to be charged with murder also because evidence/witness saw the three drive off together. That would count as forcible confinement. The charge came even before investigators had a chance to talk to MS. Until LE had all their ducks in a row and spoke to MS getting his version of what happened...sure it makes sense. If DM told MS they were just going to steal TB's truck and abandon TB on the side of the road, but DM murdered TB, MS would still face first degree because of their plan to confine TB until they released him. CN has the charge of accessory after the fact or helping DM to escape, but not sure if it could apply to MS.
Maybe MS hopped in the Yukon and went another way shortly after tailing TB's truck, with no knowledge of what happened after he drove away from the end of TB's lane way. Interestingly enough, MS just happened to be walking down the street (the day of his arrest) and next thing he knew he was being taken to the ground by a SWAT team. Doesn't that seem odd he didn't try to disguise himself? Would he really be out walking the streets, and busy ones at that, if he knew he was wanted for first degree murder? Wouldn't you think he would have gone into hiding? Now that is something which doesn't make sense to me. MOO.
Type of murder Nature
First degree was planned and deliberate
was contracted
was committed against an identified peace officer
while committing or attempting to commit the hijacking of an aircraft
while committing or attempting to commit sexual assault
while committing or attempting to commit sexual assault with a weapon
while committing or attempting to commit aggravated sexual assault
while committing or attempting to commit kidnapping and forcible confinement
during a hostage taking
while committing criminal harassment
was committed during terrorist activity
while using explosives in association with a criminal organization
while committing intimidation.[5]
Second degree any murder which is not first degree murder
https://en.wikipedia.org/wiki/Murder_(Canadian_law)