Premeditation, does not involve intent, it's specifically there, it's not a murder charge because there is no premeditation, and there is no murderous intent. that's why it's a manslaughter charge. >> and that's why the statute doesn't say negligence it says culpable negligence. in the case law interpreting that means some element of mensrea. some act outside ordinary negligence. it's not a negligence statute, that would be a civil proceeding, that's why i thought the d.a. made a mistake in feeling the pressure from the media to charge this man. >> there are those arguing in oklahoma he should...