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In most states there are levels to homicide charges -- manslaughter is reserved for an accidental killing. Murder is usually roughly divided between premediated murder (planned out in advance) (aka Murder 1) and not premediated but intentional killing (aka Murder 2). I worked as a prosecutor for a bit. Charging this guy with Murder 2 would be easy. I would have zero fear about making my case at a preliminary hearing and in front of a jury. Choking the guy out is not an accident. It's not a fist fight gone bad.
He could also be charged a second way. Many states also recognize a crime called felony murder. If you kill someone in the commission of a felony, it's chargeable as murder. In this case, the guy was committing a felony (battery) and killed someone. Absolutely chargeable as murder.
Respectfully, cops don't dictate how a defendant is charged. It's the prosecuting attorney's call. Cops don't have enough training in the law to make that call.
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