How could they go for only Felony Murder? Felony murder is when someone dies while you're committing another crime. I.e. The teller has a heart attack while you're robbing the bank. Where's the other crime he's committing at the same time to justify the felony murder charge?As an optional lesser charge. The defense is vigorously fighting this but was 100% blindsided by it. So much so that Mark O'Mara isn't even in court today. He's preparing his closing arguments. He really needs to be there now.