<< DonVito
how can you call locking him in her garage when he OBVIOUSLY needed medical assistance not an OVERT ACT? >>
I meant an overt act leading to his death. Ordinarily to convict someone of first-degree murder you have to show that the person committed an act leading to the death of another, and that it was done deliberately and with premeditation. In this instance, the accident was clearly, well, an accident, so the DA will have to argue that her hiding him was the force that led to his death. This will be for a jury to decide - the fact that he lived as long as he did lends credence to the idea that her obscuring him was itself causative.
I think I made it clear that I find the case shocking and that I would like to see her convicted of first-degree murder; I just think there are some interesting legal issues raised by charging it that way.