To clear something up: It's first-degree because the predicate offense preceding the attempted murder was the 'drug deal.' In Colorado, a murder doesn't have to actually be committed for Felony Murder, or the underlying offenses and in this case it's the attempted murder which meets the legal nexus to charge as such, to be brought against a defendant if he was participating an an underlying offense which WOULD HAVE been a Felony Murder qualified offense, had any person (participant, victim, bystander, etc...) died during the commission of the offense. Yes, it's strange...