Yes, but in this case downgrading to 3rd degree murder requires the commission of a separate felony as well. The state argues this felony was aggravated child abuse, a totally different charge that was never brought up before in the case.
This is a travesty but I cannot see how that would stick.
There may be riots if they are successful in doing this. It’s probably time to start pressuring the Gov to bring an end to this marsupial court.
If the manage to make a charge of child abuse stand, then the killers who shot the 18 mo infant in the face need to be charged with child abuse, and also the thug who beat 11 yo Bailey O’Neill into a coma until he died in the hospital.