“This is only from memory of the jury instruction, but I think 2nd degree in this case requires conscience disregard of risk.”
-———————————Statute-—————
(1) by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously
takes chances of causing death or great bodily harm to another; or
Thanks. I summed it up well.
‘by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously
takes chances of causing death or great bodily harm to another”.
Are you somehow missing the fact that this must be a conscious decision? The prosecutor has to prove that in addition to negligence.