I think they might see it as, there is reasonable doubt around his original intentions in starting to choke her. But there is no doubt that continuing to strangle her past the point of unconsciousness and all the way to death constitutes, at the very least, reckless disregard. That was my thinking too. Its irrevocable at that point. I wonder if he enjoyed the feeling of power so much he couldn't stop himself. Which makes him guilty for sure.