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He cited how hard it is for police to accurately hit a moving object and the possibility that a wounded or slain driver might lose control of the vehicle, making it even more dangerous. Kapelsohn said those policies make sense. In Philadelphia, for instance, police policy stipulates that an officer may not fire at a moving vehicle unless the occupants are threatening the officer or someone else with deadly force in another manner - the example given is if someone in the car is firing a gun. Instead, he said, most departments set their own policies. No uniform policy in Pennsylvania dictates when police should or shouldnвЂ™t fire at moving vehicles, according to Emanuel Kapelsohn, an expert in police use of force and a former law enforcement firearms instructor in the Lehigh Valley. What rules govern when police may shoot at a car? A second-degree murder case would hinge on state law involving felony murder, under which defendants can be convicted for taking part in a felony that results in a death, even if they were not the actual killer. Some legal experts questioned why prosecutors did not bring a lesser charge against the teens, such as second-degree murder or manslaughter. вЂњFrom the point of view of the Bility family,вЂќ he said, вЂњthese officers killed Fanta and they need to be held accountable for that, and those responsible for their supervision and training need to be held accountable for that.вЂќ В» READ MORE: A lawsuit in the death of an 8-year-old girl who was killed by police at a football game named the wrong officer, sources saidД«ruce Castor, the lawyer for FantaвЂ™s relatives, has said they want authorities to focus on police. At the time of the shooting, authorities say, Nunn was pointing a realistic-looking pellet gun at the officers, and they opened fire, striking Erin Dermody.ДЄ county jury convicted Nunn in the womanвЂ™s death and the state Superior Court later denied his appeal, saying he вЂњcould have foreseen that drawing police fire in a small, dark room could result in harm to вЂ¦ innocent bystanders.вЂќД«ut in FantaвЂ™s case, Binder said, the burden for proving first-degree murder, which requires intent, is much higher, because the initial shooting was removed from the fatal gunfire. In Lackawanna County in 2005, prosecutors charged Edward Nunn with involuntary manslaughter, after Scranton police officers fatally shot a woman in his apartment while investigating his involvement in an armed robbery. В» READ MORE: Relatives of the 8-year-old girl fatally shot by Sharon Hill police want the officers firedД«inder noted that, within Pennsylvania, less complicated applications of the principle have been accepted and upheld by courts.

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вЂњThe killer was not even someone being shot at by one of the defendants,вЂќ Binder said вЂњSo, we have a very attenuated series of events.вЂќ Guyora Binder, a researcher at the University of Buffalo School of Law and expert on transferred-intent cases, disagreed with the lawвЂ™s application. вЂњThey were attempting to kill one another that night, and as a direct result a little girl is dead.вЂќ

The legal basis for charging the two teens вЂњis very simple,вЂќ Tanner Rouse, StollsteimerвЂ™s first assistant DA, said in a statement. By its textbook definition, transferred intent applies, experts say, when a shooter aiming for a specific victim misses and kills a third, completely unrelated person.

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