Quote Originally Posted by Bailey View Post
I could be totally wrong about this but shouldn't they have gone after manslaughter? 2nd degree murder seems harder to prove.
The charge seems odd- even if you maintain that he couldn't have thought he was in peril, it wouldn't even approach Second Degree Murder under Florida Law.

Definition of Second Degree Murder
The crime of Second Degree Murder occurs when a person commits either:

Murder with a Depraved Mind or
Accomplice Felony Murder
Murder with a Depraved Mind
Murder with a Depraved Mind occurs when a person is killed, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life.

The primary distinction between Premeditated First Degree Murder and Second Degree Murder with a Depraved Mind is that First Degree Murder requires a specific and premeditated intent to kill.

Accomplice Felony Murder
Accomplice Felony Second Degree Murder occurs when you are an accomplice to a person who kills another human being while engaged in the commission, or attempted commission, of the following statutorily enumerated felonies, regardless of whether they intended the death:

Aggravated abuse of an elderly person or disabled adult,
Aggravated child abuse,
Aggravated stalking,
Aircraft piracy,
Arson,
Burglary
Carjacking,
Distribution of Controlled Substances
Escape,
Home-invasion robbery,
Kidnapping,
Murder of another human being,
Resisting Officer with Violence,
Robbery,
Sexual battery,
Terrorism,
Trafficking in Controlled Substances, or
Unlawful throwing, placing, or discharging of a destructive device or bomb.