First degree murder implies intent to kill. The prosecutors better hope there’s a paper trail or a life insurance policy out on the child or this pair might be acquitted. Second degree or involuntary manslaughter would seem more appropriate.
It might be a state where the jury can downgrade the charge if voting to convict. Some states allow that.
“First degree murder implies intent to kill.”
Making a 4 year old drink that much alcohol is first degree murder in my book unless one tries to make the argument these people were too ignorant and/or stupid to know that to be the case.
It depends on the jury. If they get enough ignorant people on the jury perhaps they get off on the 1st degree charge. The prosecution has much to consider here.
Headline grandstanding. Should be downgraded b4 the trial.