[TChris]

If what he did wan't "malicious" I need a new dictionary.

Perhaps you do. Have you looked up the word "malice"? Here's the entry from dictionary.com:

mal·ice
n.

1. A desire to harm others or to see others suffer; extreme ill will or spite.
2. Law. The intent, without just cause or reason, to commit a wrongful act that will result in harm to another.

The common theme in both definitions is the desire to harm. Malice is wanting to make someone hurt. Malice is found in the presence of hatred, anger and revenge. There is no evidence of any of those things in this case.

He was not angry at Courtney. He did not hate Courtney. There's no evidence of a desire for revenge. He wasn't even defending himself against a perceived attack.

Nothing in this case demonstrates that Joshua Martin intended to harm Courtney Hilton, but rather that he intended to startle her. It was a definitive case of involuntary manslaughter. The prosecutor charged Martin correctly.

[Eepsy]

"He was not angry at Courtney. He did not hate Courtney. There's no evidence of a desire for revenge. He wasn't even defending himself against a perceived attack."

Exactly. Any of those things being present would have been mitigating, though not at all exculpatory. At least then it could have been a "heat of the moment" type thing.

"Nothing in this case demonstrates that Joshua Martin intended to harm Courtney Hilton, but rather that he intended to startle her."

No, if you want to startle someone you pop a balloon behind them or give them a gag can of beer nuts filled with snakes. You don't purposely send 800 volts through someone's body after being told not to unless you have "[a] desire to harm others or to see others suffer; extreme ill will or spite."