1st Degree is premeditated as in you planned in advance to kill the person you killed. I wasn't trying to say he premeditated it just that him acting like he didn't know his actions might kill a toddler was bs. 2nd. Degree is when you didn't plan on killing anyone but you put yourself in that situation anyway and as a result killed someone. Like if you go into a bar that's known for fighting and you bring a knife to defend yourself and then you end up in a fight and use your knife to kill someone that could be ruled as 2nd degree murder (would kind of depend on if you made any effort to avoid the fight). So in this case I see 2nd degree murder being a fair charge to hit the guy with. He could have just smacked the child on the hands or across the face but to kill him he must have pretty forcibly wailed on the kid and I just don't buy a grown adult not knowing that can lead to death. Hell parents have been convicted for killing their small child be shaking it too hard in anger, causing the neck to snap and most people know that can happen. So I'm pretty confident this guy knew hauling off and belting the kid could be fatal. I mean I get that the kid pushed his buttons and he reacted but you still need to show self control. When I was a toddler my father had a way of yelling at me so ferociously when I irritated him, that I would run from him and not dare bother him again until I knew he was calmed down. I'm sure this guy could have done something like that, he just gave into a violent impulse too easily and didn't think until it was too late. Not 1st degree murder but definitely worthy of harsh punishment.The authorities disagreed, apparently. He's charged with 2nd degree murder/homicide. If intent could be proven, they'd have gone for 1st degree.
Some people are (or can be) ridiculously childish about their desires/wants, and this guy apparently was psychologically fragile enough to kill a kid over wanting to not be intrerupted during his video game.
Frightening, sad, horrific, and more, but apparently true.
Now, if the kid had spilled the guy's beer, or somethin' like that, then.... (I know.. morbid humor).