Murder or Manslaughter, Certainly Mayhem In Springfield, Mass

Murder or manslaughter, you decide.  MassLive.com is reporting on murder charges leveled against 22 year old Lucas Allen (pic) of Springfield, Massachusetts.  Allen, who was arraigned on murder charges, then denied bail (?), following an altercation at the Fat Cat Bar (pic) where Allen either worked as a bouncer, or was working as a bouncer, or had worked as a bouncer.   This fact is unclear--based on statements by the Bar owner's attorney who rest assured is doing his best to muddy the waters in an effort to help the bar owners avoid civil liability for the death of patron 25 year old Francis Fasanelli.
According to the report at MassLive Fasanelli had been trying to gain entrance into the nightclub but had been denied entry because of a "dress code violation," but had twice gained entrance and twice been ejected.  Outside the bar he got into an altercation with Mr. Allen.  Here are the facts that are supplied in the report:

"This was an unusual circumstance," defense lawyer, Ferrara said, saying that there could have been a situation where a blow was struck but there was a 'secondary impact' with the victim hitting his head.  Allen was originally charged with assault and battery with intent to commit serious bodily injury.  Police obtained surveillance footage from cameras outside the bar that shows the start of the altercation between Fasanelli and Allen but not any exchange of blows.  Police said the investigation revealed that Fasanelli had apparently been denied entry into Fat Cat for a dress code violation. At some point, he managed to sneak inside the bar’s outside courtyard through a fence, but was discovered and escorted outside. He apparently tried to sneak in again, and at that point while still outside the bar he got into a verbal dispute with Allen that escalated into a fight."

That's it.  Murder?  How does, this guy get charged with murder? 

This week in the comments section of the post about the guy who stabbed his live-in girlfriend.  My cyberpal, Gayle has had me thinking about first principles in the law.  As ususal she is writing eloquently about justice in connection with the Merchant of Venice.   

Regarding first principles, doctrinally, when we discuss the crime of murder is to recognize that two elements are required to be shown: the criminal act of homicide, in other words a human kills another human plus necessary criminal intent or mens rea.  Returning to first principles you might be surprised to lear that the concept of murder is discussed repeatedlyin the Torah or Old Testament.  In fact the idea of "malice aforethought" is directly from the Book of Numbers attributed to none other than the lawgiver, Moses at Ch.35:20.  Amazingly, Moses also deals with the lesser act of mansluaghter 35:22-24.  While the penalty for muder is in the Old Testament is death, the provisions for reaching this judgment require a certitude that I'm not sure we approach in all of our sophistication, Deuteronomy 19:15-19 which also makes for provisions for Citys of Refuge for lesser acts of killing not arising to malicious acts of intentional murder--remember Cain?

So back to Mr Allen, how is it that this guy--who may or may not be a bouncer for the bar--gets himself charged with murder.  Something is a little off, and we need to mark this matter for follow up.