A Life Sentence for Fear: Inside New York's Felony Murder Law
At just 19 years old, Devin Giordano stood frozen outside a stranger's house, high on Xanax and marijuana, as his then-girlfriend emerged with blood on her shirt. Inside, an elderly woman lay dead. Giordano hadn't touched her, hadn't entered the home, and hadn't intended any harm. Yet under New York's felony murder law, he would be convicted as a murderer.
The Night That Changed Everything
The summer of 2014 marked the lowest point in Giordano's life. Struggling with addiction after a painful breakup, he had attempted suicide just days before the incident and been turned away from two rehabilitation facilities that deemed him "not bad enough." With nowhere else to go, he and his girlfriend stood at a friend's door. When no one answered, she decided to break into his grandmother's home to steal money and drugs.
"I thought she was joking," Giordano recalls. "She wasn't."
When she emerged with blood on her clothing, Giordano froze in shock. His co-defendant, in a panic, poured rubbing alcohol and lit a fire in an impulsive attempt to cover what had already occurred. Giordano didn't call for help. He didn't run. He didn't act. After her arrest, she provided both a signed statement and recorded confession admitting what she had done and confirming Giordano was outside during the homicide.
How Felony Murder Works
Despite these facts, the law treated them identically. Felony murder statutes ignore both intent and individual action, operating on the principle that punishment should reach as far and as harshly as possible after a death occurs during certain crimes.
Intentional murder means you choose to kill. Felony murder means that if someone dies during a crime, everyone involved can be charged with murder, even if they never touched the victim or wanted anyone to die.
It doesn't matter whether you pulled a trigger or froze in fear; the law doesn't care about why—it only cares that someone died. That's how Giordano ended up with a life sentence. His fear and hesitation weren't seen as weakness or panic. The law twisted them into malice.
A System That Punishes Youth
Giordano has since learned he's far from alone. According to the Felony Murder Reporting Project, at least 226 people have been sentenced under New York's felony murder rule. Nationwide, more than 10,000 people have been punished under similar laws—individuals who, like Giordano, may not have killed or intended to kill anyone.
The law hits young people particularly hard. At least 36 people convicted of felony murder in New York were younger than 18 at the time of their offense, and the median age for those sentenced is nearly six years younger than for all other crimes.
"Felony murder removes the burden of proving intent," Giordano explains. "It allows courts to ignore what we already know about brain development—knowledge that should be a mitigating factor, not something erased. Teenagers act on impulse; their brains are still forming. Science confirms what every parent knows."
The Path to Reform
Some states have recognized the injustice of these laws. In 2018, California reformed its felony murder rule, freeing people like Adnan Khan, who was 18 when he joined a robbery but never killed anyone. Now, only those who actually killed or intended to kill can be charged with murder in California.
New York hasn't caught up. Despite everything known about how felony murder punishes youth and disregards intent, the law remains unchanged. However, Assembly Bill A8929 could finally address this. The legislation would limit murder convictions to people who directly caused a death or meant for someone to die—and would give those already serving time under the old law a chance to return to court for a fairer sentence.
Living With the Consequences
The crime happened in 2014, but Giordano wasn't convicted until 2017. He has been incarcerated in New York for over 11 years now, sentenced to 20 years to life. His co-defendant received 19 years to life, despite her confession.
During his incarceration, Giordano has worked as an essayist and journalist through the Bard Prison Initiative, exposing the injustices that permeate the legal system and prisons. He writes about prison policies, unexplored aspects of felony murder, and mental health.
"There isn't a day that goes by when I don't think about the woman who lost her life that night," Giordano reflects. "She was a mother, a neighbor, someone who deserved to grow old in peace. I will always carry the weight of her death with me—and the knowledge that fear and addiction led to choices I can never undo."
He adds: "Being young means making mistakes. I did. But freezing in fear is not murder. Until New York changes its law, kids like me will keep losing their lives to a system that refuses to see us for who we really are."
