I am unclear about criminal charges but why would Pabon be charged with 2nd degree murder and not first. Would the fact that he had been harassing/intimidating previously indicate a premeditation of at least some sort of malice? I guess what I am asking is he at the very least intended to violate Eridiana that night, given his previous behavior, so why doesn't this premeditation of a crime that leads to murder get a Murder 1 charge? Hopefully somebody will understand my question, I am extremely ignorant in this area, so if this is a stupid train of thought, feel free to tell me!