PINOLE (CBS / AP) — A suspect in an armored car robbery in Pinole is facing murder charges in the death of his brother and suspected accomplice, even though he didn’t fire the fatal shot.

Twenty-four-year-old Freddie Daniel was charged Friday after his brother, 25-year-old Pierre Daniel, was shot and killed by a police officer during Wednesday’s robbery.

Senior Deputy District Attorney Harold Jewett said the younger Daniel was charged under the state’s provocative act doctrine.

The doctrine allows suspects in a crime to be charged with murder, regardless of who was responsible for the killing.

Freddie Daniel, who was wounded during the robbery, was also charged with two counts of attempted murder and robbery charges.

Also charged is suspected getaway driver, William Fuller. He was arraigned Friday on attempted murder and other charges.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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