Fat Willie is mostly correct on the murder standard. The standard is malice aforethought. In layman terms, that means he was intentionally doing something he knew was bad and could lead to people getting hurt and which caused a death. The papers indicate he is being changed with felony murder. Felony Murder can be extremely far reaching. The text book example is a police officer speeding to stop a robbery who gets killed in a vehicular accident. The guy who committed the robbery (felony) will be convicted of murder.

Page one in the prosecutors handbook says you make the top count on a charge that's a little bit of a stretch. If the prox is seeking Murder two, then theres a good chance that a deal can be cut for a lesser count. If Brian has no criminal past--a big if for an adult performer--then the jail time could be reasonable under the circumstances. My money would be on three 2-3.

I don't think his being an adult performer had anything to do with the murder charge. I think it was due to Brian being a white guy and the victim being a minority. Luckily the family wasn't black or you'd have a potential Sharpton situation with advocates calling for his head. Right now the goal should be to get Brian out on bail and hope things cool down and the prox is willing to take an easy plea instead of a trial.

I see a haircut, a shave and a dark suit in Brian's immediate future.