A kidnapping isn't just the abduction itself - it's the whole thing because the law assumes the person is there against their will for fear of bodily harm.
In this case we know there was some type of bodily harm at the beginning plus obviously her demise at some point away from where Holly wanted to be.
From Tennessee Code: Definition of "Especially Aggravated Kidnapping"
http://www.tncrimlaw.com/TPI_Crim/08_03.htm
Any person who commits an especially aggravated kidnapping is guilty of a crime.
For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:
[Part A:
(1) that the defendant removed or confined another unlawfully so as to interfere substantially with the other's liberty;
and
(2) that the confinement or removal was accomplished with a deadly weapon or by display of any article used or fashioned to lead the alleged victim to reasonably believe it was a deadly weapon
and
(3) that the defendant acted knowingly.]
or
[Part B:
(1) that the defendant removed or confined another unlawfully so as to interfere substantially with the other's liberty;
and
(2)that the alleged victim was under the age of thirteen (13) at the time of removal or confinement;2
and
(3) that the defendant acted knowingly.]
or
[Part C:
(1) that the defendant removed or confined another unlawfully so as to interfere substantially with the other's liberty;
and
(2) that the alleged victim was held for ransom or reward
and
(3) that the defendant acted knowingly.]
or
[Part D:
(1) that the defendant removed or confined another unlawfully so as to interfere substantially with the other's liberty;
and
(2) that the alleged victim was used as a shield or hostage
and
(3) that the defendant acted knowingly.]
or
[Part E:
(1) that the defendant removed or confined another unlawfully so as to interfere substantially with the other's liberty;
and
(2) that the alleged victim suffered serious bodily injury
and
(3) that the defendant acted knowingly.]
A removal or confinement is "unlawful" if it is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen (13), if it is accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's welfare.3
[
"Deadly weapon" means a firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.]4
[
"Force" means compulsion by the use of physical power or violence.]5
[
"Fraud is defined as the term is used in ordinary conversation and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge.]6
[
"Serious bodily injury" means bodily injury which involves a substantial risk of death; protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.]7
"Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.8
The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.9
"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.10
