The difference between murder and manslaughter is INTENT. The way that intent happened (was it planned well in advance, was it thought of even immediately before etc) is what proves the degree of the charge. From what you have said above, that is at least 2nd degree murder. If they find out he had it out for these two people - or even one of them - and had made threats in the past, that's 1st degree right there. *edit I should say I live in Aussieland and the laws are different here but the basic premise of intent is the same.