Killing by accident is still killing, It’s like saying “I ran her over with the car...and broke a couple of ribs. I didn’t expect her to die though”....when the ribs punctured the lungs....
Killing by accident is still killingAccording to the jury instruction (as I understood them), accidental killing is capital murder only if she was committing other, specific, crimes at the time. In this case, the other crime would be child abuse (i.e. using duct tape and/or chloroform).