Police Murderers

I have two questions about the case here:

Given that he said, “I’m going to choke you out,” and then proceeded immediately to asphyxiate his victim as he promised, why isn’t this murder 1?  He’s charged with an accidental homicide after announcing he was going to kill the guy?

Unrelated to that, why are these police murderers so effing stupid as to commit crimes like these in broad public view when everyone and his dog has cell phones?  Regardless of how he’s charged, we won’t be seeing this smug little ass**** for at least 15 years.  I would think that even the dullest, angriest, most violence-prone cop would be thinking that 15 years in a cage doesn’t sound like a pleasant experience.