Well fine, then you can charge negligent manslaughter. But first degree murder is a ridiculous. This doesn’t fit the perqs for the definition of the crime.
I agree. First, where’s the intent, a MAJOR element for this crime. Involuntary manslaughter. Child abuse. But not first degree murder. The pros. is starting the plea dealing a might high on this one. Were I the defendant, I’d not take any plea on this charge. Easy win.
There are people who go out and kill someone with a baseball bat and aren’t charged with first degree murder.
Meant to say manslaughter or negligent homicide. Got finger-tied.