Quote:
Originally Posted by kozel1
This was 2nd degree manslaughter. How can he be charged and convicted with 2nd degree murder? Was it proven beyond reasonable doubt that he intended to kill the victim?
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It was unintentional murder 2, which doesnt require intent, but it does require him to have been committing a 1st/2nd degree felony offense with force/violence or a drive-by shooting, or to be a person with a restraining order who is attempting bodily harm on the person who obtained the restraining order.
So, it seems that they levied unintentional murder 2 *because* of the manslaughter 2, claiming the manslaughter was with force/violence, solely as a way to stack charges hoping one of them stuck. A jury member isn't going to be sophisticated enough to understand this for what it is.