I would agree with your conclusion.I think extreme recklessness makes sense and the instructions say that malice can be inferred from that, thereby leading to murder.
So does Rita see this and go back in and tell him and they both chose to ignore the dying or dead child??? Or did they just not care?? Which would show malice for sure.
The fact that she went back, saw the child in the car and knew it was a hot day in South Carolina, and still did nothing to attempt to save the child moves the circumstances into the 'murder' category for me.
I could see an indifference case going "negligent homicide" if say:
Ok, we had care taker burn out and wanted some substance fueled "alone time". So... on a cool day in early fall in Iowa, we put the windows half down, buckled her in and locked the car.
Went back to check on her and she was very agitated, but physically ok. Went back in the house for more of, well, several things. Came back 4 hours later. The child had somehow strangled herself with the seat belt.
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