That’s a question for the jury. Charge the manager with all and let the jury decide.
It doesnt meet the criteria for murder.
Section 1751(a) of Title 18 incorporates by reference 18 U.S.C. §§ 1111 and 1112. 18 U.S.C. § 1111 defines murder as the unlawful killing of a human being with malice, and divides it into two degrees. Murder in the first degree is punishable by death.