I would not write down Wendi and Harvey as of yet. There is the hierarchy of homicide acts available to the State: a) first-degree murder and felony murder, b) second-degree murder, c) third-degree murder which is split into 5 categories (voluntary manslaughter, involuntary manslaughter, reckless homicide, negligent homicide, and justifiable homicide) in some states.
We do not know the totality of what the State and the FBI know already (Wendi and Donna were both labeled as not-indicted co-conspirators in 2022), and what else they are pursuing (the investigation continues, so sayeth Georgia).
IMHO, there are enough circumstantial evidences of Wendi’s foreknowledge (Jeffrey’s testimony), planning (disclosure Dan Markel’s itinerary to Charlie and Katie), and culpable activities (surveying the crime scene, proactively staging detailed alibi, etc). In totality, “Dan Markel’s murder is about Wendi”, according to Chris DeCoste. Perhaps, more materials against Wendi could avail from the coming proceeding of Donna, enough to fall back in the second-degree murder (10 to 20 years) if the first-degree felony is unattainable.
One of the arguments for rescinding the Donna and Harvey’s Subpoena to appear at Miami FBI office was that the writ to compel their testimony with use and derivative use immunity could weaken future prosecution. Ergo, the idea of future prosecution of Harvey has currency. Some acquaintances (e.g. Tamara Demko) felt uneasiness toward Harvey the very week following Dan’s murder. IMHO, potential conviction for third-degree voluntary manslaughter (5 to 10 years) could be in store for Harvey within a couple of years down the road.