I think 2nd degree murder is overloading the charging and if he gets off, there is nothing else to charge him with.
I would go with 2nd degree manslaughter myself but, I’m not an attorney.
I did stay at a Holiday Inn Express.
However, 2nd degree manslaughter would ensure that he was convicted of an error in judgement, in the execution of his duties.
Maybe that’s why they charged him with 2nd degree murder, so he wouldn’t be convicted!