Quote:
. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.
The difference between Murder 1 and Murder 2 is the severity of punishment (death v. life is the max respectively). Seems to me that if they really have evidence of intentionally driving into the crowd Murder 1 is the proper charge. Of course, alcohol/drugs negate intent so perhaps they have some evidence of intent but currently only murder 2 charge b/c they also have some evidence of alcohol/drugs.