> Premediated murder requires specific intent to kill. Even if the kid had died, it would most likely be negligent homicide.
Honest question: I'm walking past the somebody's house with an assault grenade in my hand. I feel miserable and I throw the grenade into the window. 5 people die. Is that negligence? I didn't know whose house is it, is there any people there, etc.
For starters, you should read the Illustrated Guide to Law (http://lawcomic.net/guide/?page_id=5) and perhaps buy the print copy of the book. Focus on Chapter 6, about Mens Rea, and Chapter 8, Actus Reus.
Then figure out whether the jury is going to believe that you didn't intend to harm anybody when you threw a grenade into a house.
Your own honest question has an implicit answer in the fact that you can't indiscriminately throw shit into peoples property. Even if it was a barbie doll you threw in there and it killed 5 people.
Honest question: I'm walking past the somebody's house with an assault grenade in my hand. I feel miserable and I throw the grenade into the window. 5 people die. Is that negligence? I didn't know whose house is it, is there any people there, etc.