Legally, to sustain a conviction for first degree murder it must be established that Kenny knowingly and/or intentionally shot Kim without justification (FN 37). Even assuming arguendo that he shot due to an unreasonable belief that his life was in danger, or due to intense provocation, at most, he would be guilty of second degree murder (FN 38). What makes his conviction all the more egregious is that- based on all information now available and not presented at trial- Kenny acted "mindlessly" and now "without thought". As such he cannot be found guilty of murder or second degree murder due to the lack of intent (FN 39).
Sadly, this whole ordeal is the tragic result of medical and mental health negligence; and not due to any malice on Kenny's part. If anything, he made every effort to get help in order to improve the quality of his marriage to Kim (FN 40). Now he is being forced to endure the hardships of injustice and incarceration. All the while he strives to become even better man.