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Seems clear that the second charge needs to be dismissed. The prosecution's argument that he "hasn't been punished for anything yet" is perplexingly ridiculous. They're essentially charging him twice for the exact same offense, except that one mentions the fact that he allegedly had a gun.
Besides, they did not file that charge within the required 30 days. The prosecution has not even addressed that nagging little detail. Should be an easy call for the judge.
Now there's a defense argument you don't hear every day. You can't deny that's a creative approach. ;-)
Let just uphold the "declared dead" and make it mean something.
You have got to be kidding... convict this POS... he is a murderer...
No matter which state they try him in for murder, it appears he deserves the death penalty, period. The judicial system declared him dead once, now make it for real. End of story!
Just don't let this monster back out in the public. I agree with RwEvans..... let's make "declared dead" mean something.