Questão jurídica principal
Whether the assault on B.B.________ constituted attempted homicide with eventual intent rather than serious bodily injury and omission of assistance.
Decisão extraída
The defendant knowingly and willingly accepted the lethal risk created by repeated violent blows to the head and the renewed attack on an already helpless victim; eventual intent was established.
Fundamentação extraída
The court relied on the force, repetition and targeting of head strikes, the victim's defenselessness, the defendant's persistence after the first attack, his indifference to the victim's condition, and his later death threats. Alcohol consumption did not negate capacity to understand the risk.