First degree?

Tot dies after being bound with tape at day care
Worker allegedly put tape on 2-year-old’s hands, mouth to silence him

This story is a tragedy and the woman responsible should be charged with something like negligence, child endangerment or at least extreme stupidity. But first degree murder? Come on! The case should be thrown out of court in my opinion and the district attorney should be disbarred. First degree murder usually means 'Pre-meditated' does he really think this person put that tape on the childs mouth with the specific intent of causing the death of the child? Now that the woman has been charged, she may well end up convicted. What an injustice that would be.