Dwight was down on his luck and decided to call his best friend, Andy. Later that evening, Andy and Dwight met up and Dwight stated as follows, $$Andy$,$ at about midnight, we are going to break into Tiffany$$s $($Tiffany$$s Jewelry Store$)$ and steal the chandelier $...$ it$$s priceless.$$ Andy replied, $$I$$m in$!$ Dwight then secured his ski$-$mask and lockpicking tools within the trunk of his car.

A few minutes later, Andy changed his mind. Andy then told Dwight that the plan didn$$t really seem like a good idea. Andy went home and went home to bed.

At about midnight, Dwight drove to Tiffany$$s$.$ As soon as Dwight pulled into the Tiffany$$s parking lot, Officer Hank initiated a stop by turning on his lights and siren. Officer Hank believed Dwight looked suspicious as he was wearing the ski$-$mask while driving.

Dwight sped off, intentionally turning the wrong way down a one$-$way street in order to evade Officer Hank. However, Officer Hank pursued at a high$-$rate of speed. Unfortunately, Officer Hank lost control of his patrol vehicle when he drove through a puddle of oil carelessly left behind by a road crew earlier that day. The out$-$of$-$control police car crashed into a tree, killing Officer Hank. The next day, Dwight and Andy were arrested.

Should Andy be charged with the murder of Officer Hank? Discuss, including mitigations and defenses, if any. DO NOT DISCUSS MANSLAUGHTER.

This jurisdiction has adopted the common law for substantive crimes and their defenses, including modern distinctions where they exist. This jurisdiction has also adopted the Majority$/$Federal approach with respect to Withdrawal from Conspiracy.