Here are the possible charges and the differences between each one. After reading this I would say that nowhere is right. Manslaughter seems to be the appropriate charge because of the recklessness.
Murder - A person commits an offense if they: 1) intentionally or knowingly cause the death of an individual, 2) intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes the death of an individual, or 3) commit or attempt to commit a felony other than manslaughter and in the course of and in furtherance of the commission or attempt or in immediate flight from the commission or attempt, they commit or attempt to commit an act clearly dangerous to human life that causes the death of an individual.
Mental state: Intentional or knowing
Manslaughter - A person commits an offense if they recklessly cause the death of an individual.
Mental state: Reckless
Criminally Negligent Homicide - A person commits an offense if they cause the death of an individual by criminal negligence.
Mental state: Criminal negligence
Definitions of Mental States
Intentional - A person acts intentionally, or with intent, with respect to a result of their conduct when it is their conscious objective or desire to cause the result.
Knowing - A person acts knowingly, or with knowledge, with respect to a result of their conduct when they are aware that their conduct is reasonably certain to cause the result.
Reckless - A person acts recklessly, or is reckless, with respect to the result of their conduct when they are aware of but consciously disregard a substantial and unjustifiable risk that the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Criminal Negligence - A person acts with criminal negligence, or is criminally negligent, with respect to the result of their conduct when they ought to be aware of a substantial and unjustifiable risk that the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
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