Prosecutors cannot “overcharge” people. There’s something called probable cause at the preliminary hearing.
The arm-chair lawyering in this thread is insane.
Edit: After actually reading what you just wrote, I have no idea what you’re talking about. Please tell me you aren’t in law school because the odds on money is you’re failing civpro.
Double lawyer edit: I took the bait here are the FL statutes:
The statutes: Murder 2: “ (2)The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.”
Manslaughter 1 “ 1)The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Manslaughter is a lesser included offense of Murder 2. So the case may proceed on the Murder charge, and the defendant be convicted at trial of Manslaughter.
It would be difficult to see an “ulterior motive” here, since there are facts which would support a Murder conviction and there charging murder doesn’t preclude a manslaughter conviction.
Charging murder arguably makes it easier on them, in the event any jurors decide they want to “split the baby” and not convict on the top charge, but not let him walk completely.