Honestly if they charged with murder it could have not stood with enough evidence, so charging with manslaughter could at least hold up in court.
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Oh, no not murder, but second-degree murder should stick
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This sounds a lot for like second-degree murder.
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Yeah this is frustrating, but this is good in terms of making it stick and finding him guilty. If they were to slickly over charge him he could be found not guilty which would be worse.
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I think the manslaughter charge is a backstop, since 3rd degree murder is pretty much criminal negligence / reckless indifference. I don't think you could be sentenced to both for the same crime. That said suffocating someone restrained for over 5 minutes seems intentional.
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