I really don't know. If you have money for lawyers like Ragland you can fight it. His was a crazy case. He's out now.
In 2007, Ragland was given credit for his time served after pleading guilty to amended charges of manslaughter and set free. I copied this from
Kentucky football player's slaying to be subject of 'Dateline' episode
From Findlaw:
"Manslaughter in Kentucky
It is important to note that the main different
between murder and manslaughter is the element of malice. Malice, the intention or desire to cause harm, is an element of murder but isn't needed for manslaughter. So if a killer intended to kill or injure the victim then he will generally be charged with murder, but if not, then the killer will likely be charged with the lesser crime of manslaughter".
I'm not an expert, so take this as my opinion, all of it. If DS didn't intentionally cause SS death, or it can't be proven then the manslaughter charge may be applicable. That is what makes the Ragland case such a head scratcher for logical practical people like me. He intentionally killed TD, by laying in wait and picked him off with a rifle, but got off by taking a reduced charge of manslaughter and pleading guilty.
So in KY it has to be very cut and dried. A good defense attorney would be worth hocking the family jewels I'd say.
But in my observation, which makes it my opinion, when a very public case goes to trial for murder it usually gets the murder charge.
I find it curious that the trial will be in Garrard (pronounced Gare - ed) County, unless I've missed something. Maybe they can find an impartial jury? We are going to see what the stuff that county is made of when this starts.
BBM