If you kick me in the chest, I’m going to consider that more than sufficient evidence that you intended me harm.
Involuntary manslaughter would be a miscarriage of justice. But if it’s a rich family, it probably won’t be prosecuted at all.
I am interested in the school - is it a high end boarding school, or a residential program for ‘troubled teens’ - that’s going to have more impact on how this gets handled than the facts of the case will. Interesting that it’s already being positioned as an ‘accident’. My guess it that there will be a financial settlement with the decedent’s estate, and the whole matter will disappear.
I can appreciate that position and I can see it, but it’s also circumstantial, because we haven’t seen the video of the kick. It’s possible that this kick would not have normally killed or harmed, but due to things like the health of the teacher in question and the aware of the student of her health could affect the charge.
Was it a Bruce Lee roundhouse kick or was something that normally would not have harmed?
I’m not excusing it, but the intent displayed by the student will have an effect on the charge laid.