There's enough reasonable doubt to say that he fired a shot, but the additional charge does give the jury an out to convict Tori of something.I feel like the defense has done just enough to dismiss the initial charges. They clearly all were fighting for that gun at some point and he’s the only one charged, I think they added the new charge for back up and it’ll likely stick. If I had to bet.
Notice this almost never happened in any race solider killing of a Black Man, usually dude is charged with murder when it could be manslaughter and since it's hard to prove that someone intentionally murdered someone that they don't know usually they get off.
The ADA had to know that the witnesses were backing up on thier story so they added the new charge at the last moment.