The story does not provide evidence of attempted murder, that there was design; rather, the story provides evidence of accidental death contributed to, by the mother, her negligence.
That is all we have.
It is a serious abuse to charge somebody for what might have happened.
IF the police investigate further and IF they find sufficient evidence of ill will, THEN the level of charge may be raised; but even then it may not be raised, in the event of the prosecutor's discretion, the evidence is still to "thin" to support murder charges.
The burden is upon the state to have significant evidence.
Because the state has used the word "murder," the state may have some evidence, but none of it is in the story.
I assure you, that when you arrested by a zealous California state's attorney, for possession of a firearm about which you know that you associated no ill will --- but that squeaky ill-liberal from Berkeley intends to make an example of you --- that you will quickly grasp onto the nature of district attorneys' abuse of power.
To be arrested for something you have not done and charged even worse --- at a level beyond what honestly on the facts could be made --- you should not relish, nor for another.
My duty to you, is to protect you from the government's over-zealous application of power.
You may not wish it, and I am truly sorry for our differences thereupon.