u/EasternMotors

Former state prosecutor here.

Defendant made a statement that multiple witnesses testified to: "touch me and see what happens"

Would you have charged first degree premeditated murder? My office constantly argued that there was time to premeditate in any strangulation case, emptying the clip is premed by the 15th shot, any number of stabs >2 gives time for premeditation, etc.... Does really fit this case but we constantly argued carrying with unlawful intent was premed too.

Second degree instruction, as a lesser included, is required in my state. So I don't see any risk to prosecution other than politics.