TTTBE #65: Early Answer for Patrons (Patreon)

The answer was "D," meaning that Thomas is now on a two-question winning streak.  Most of you lacked faith in our intrepid co-host, however, guessing either "B" or "C."

Nobody guessed "A," and it was Thomas's first elimination for good reason; sprinkling vomit powder is obviously not willful and deliberate premeditation to kill.

"B" is wrong because the question itself defines first-degree felony murder as only those murders "committed in the perpetration of or attempt to perpetrate arson, rape, robbery, or burglary."  Since this wasn't that, it isn't felony murder.

"C" is wrong because the facts do not support a determination of depraved heart indifference.

That leaves "D" -- involuntary manslaughter, just like the immediately previous question.  Daphne's mindset best matches involuntary manslaughter's requirement of criminal negligence, and not the higher standard of depraved heart indifference.

Thomas is now 37-for-65 (56.9%).

You won't understand this until Tuesday, but in the meantime, enjoy this delightful clip from Sesame Street:  

https://www.youtube.com/watch?v=W3ZHPJT2Kp4