A legal anomaly?

[chickenfeet]

On Boxing Day, a fifteen year old girl was killed while shopping. She was hit by a single stray bullet after a gun fight broke out between two youths in a busy part of downtown. Police have arrested the two alleged gunmen and charged them with fire arms related offences. No-one has been charged with murder because they haven't identified who fired the fatal shot. Surely there is something wrong with the law here? Both gunmen are equally culpable and should face murder charges. If a person or persons open(s) up unlawfully with a fire arm in a crowded place, purposing the death of Person A or B, they are surely equally culpable if person X, Y or Z is killed, regardless of which gunman fired the fatal shot.

Comments

[a-d-medievalist.livejournal.com]

I think in the US, they could also only be charged with manslaughter, as there was no intent to hit the bystander. But I think they could also be charged with a bunch of other crimes that would be added onto the manslaughter charge, like reckless endangerment.