The Mercury News, January 14, 2009 by Tammerlin Drummond
http://www.mercurynews.com/oakland-bart-shooting/ci_11447007
“You charge for the top crime it could be,” says Franklin Zimring, a professor at UC Berkeley’s Boalt Law School, who specializes in criminal law. That top crime, he says, would be second-degree murder — which automatically includes the lesser possibilities of voluntary or involuntary manslaughter.
But if that were to be the case, says Charles Weisselberg, a criminal procedure expert at Boalt Law, “he will want to think carefully about how to state that to members of the public.”