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In response to "(Though if force IS a factor then the jury can and should be instructed that for 3rd degree murder that plus reckless disregard for human life suffice -- nm" by JackDawson

Right. I mean it could be true that he wasn't strangled but still be equally criminal (I'm not sure what 3rd degree murder requires). There is

certainly a reckless disregard for safety and if they continued after he was non-responsive without providing any aid, criminal negligence.

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