I really can't blame the defense for asking the judge to throw out the case. If Shooterman gets off on second degree murder there is a 99.9999999999999% chance they will get him for manslaughter when you consider his minor injuries, Ms Jentils statements that Shooterman approached and pushed Tray, and the 911 call that shows Tray ran away and Shooterman ran after him saying "these fukkin punks, they always get away". He's still looking at 25+ years even if the prosecutor can't prove ill will or hate.