He didn't shoot her, but he's charged with her murder

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Tony Curtis Phillips, 29, charged in girlfriend's shooting death. He wasn't shooter but is charged because he allegedly was stealing SUV. Shooter probably won't be charged because he is covered by 'no retreat' law. Florida law says people can use lethal force if they fear for their lives. Do you think that the shooter should be charged? http://www.cnn.com/2009/CRIME/04/30/florida.shooting.law/index.html?iref=mpstoryview