Quote:
Originally Posted by Zulu29
Burden of proof etc, lies with the courts. The prosecutor can lay a charge against him if they believe that they can meet the evidentiary standard. Maybe this will change down the road and they charge him with 2nd degree murder. I hope that is the case.
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It would be extremely easy to get reasonable doubt trying to prove intent in this case. They are better off going with 3rd degree to guarantee the guilty verdict than a coin-flip (at best) at 2nd degree.