Legal Advice
Aid of armed men vs co-conspirators

Dear PAO,

My brother and his friends were charged with the murder of a police officer. The killing was allegedly aggravated by the use of armed men, so the killing was qualified as Murder. At the time of the incident, my brother and his friends were trying to open a store to see if they could get money or valuables inside. The roving police officer noticed them and tried to stop them. My brother admitted that he tried to shoot the police officer but missed. It was another person, his friend, who shot the police officer from behind, causing his immediate death. Is the circumstance of use of armed men properly appreciated?