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Originally Posted by Louis Cyphre
I see.
So murder in the second degree?
You're looking at federal codes. This will be a state prosecution.
http://codes.ohio.gov/orc/2903
The downgrade to voluntary manslaughter is definitely going to be discussed. Voluntary manslaughter, subsection A:
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No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly cause the death of another or the unlawful termination of another's pregnancy.
My guess is this won't fall under "serious provocation," and a straight murder charge is more appropriate.