"Is that really a homicide or just a bizarre accident and subsequently the scene was staged?"
~ Dr. Henry Lee
No, it is NOT a bizarre accident. The same way it isn't a bizarre accident if I load up a gun, point it at your head, close my eyes and pull the trigger. "Well, damn! It was just an accident that he died when the bullet went into his head! I closed my eyes, so the fact that the bullet actually went into his head and killed him was just a bizarre accident! It's his fault that closing my eyes didn't alter my aim enough for the bullet to miss him!" RUBBISH.
The same way it isn't a bizzare accident if you're standing on a roof six floors up, I push you, and you fall off the roof to splat on the pavement. "Well, damn! It was just an accident that he fell off the roof to his death when I pushed him! It's his fault he lost his balance when I pushed him!" RUBBISH.
The same way it isn't a bizarre accident if I hold your head under water for awhile and you drown. "Well damn! It was just an accident that he died when I held his head underwater until he drowned! How was I to know he didn't have the lung capacity of a Navy SEAL! It's his fault for drowning because he couldn't hold his breath long enough!" RUBBISH.
The same way it isn't a bizarre accident if I put a garrot around your neck, pull it tight for awhile, and just as you are dying I bash your head hard enough to put an 8.5 inch fracture in your skull and blow a skull fragment right off. "Well damn! How was I to know that strangling someone for awhile would kill them and bashing their head really hard wouldn't bring them back to life!" RUBBISH.
Go ahead and put a garrot around someone's neck, pull it tight for awhile and then bash their head hard enough to put an 8.5 inch fracture in your skull and blow a skull fragment right off, and then have the absolute collosal nerve to claim that the person died by accident... see how that works out for you in court, Dr. Lee. Any reasonable thinking person knows that if you strangle someone for awhile they are likely to die because of it, and adding the head bashing hard enough to put an 8.5 inch fracture in their skull and blow a skull fragment right off is even MORE likely to kill them, and if they DO die because of this WILLFUL conduct, you murdered them. PERIOD.
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/51/sections/section_1111.html
U.S. CODE (Laws Made by U.S. Congress)
CHAPTER 15 - HOMICIDE
Section 1111. Murder
(a) Murder is the unlawful killing of a human being with malice aforethought.
Every murder perpetrated by poison,
lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing;
OR committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder,
kidnapping, treason, espionage, sabotage,
aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery;
OR perpetrated as part of a pattern or practice of assault or
torture against a child or children;
or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed,
is murder in the first degree.
http://criminal.findlaw.com/crimes/a-z/murder_first_degree.html
Murder: First Degree -
In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.
Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, and robbery.
Yes, it is a homocide, and yes, it is First Degree Murder.
The End.