Hello. You did not report the case Keith is involved in, which makes it impossible for your question to be answered accurately. However, I will try to help you in the best possible way.
Generally speaking, a prosecutor can use the felony murder rule to prosecute someone as possibly guilty of a first-degree murder. This is because the felony murder rule states that there are murders that occur accidentally, or during dangerous activities, and these murders are classified as first-degree murder.
