People are very much jumping the gun. There hasn't even been an indictment yet; who knows what the case will look like or what the charges will be after the grand jury investigation is done. The matter has not been presented to the Attorney General for a decision on whether to seek the death penalty. And anyway, you charge the best case and highest charges you can prove, not the sentence you hope to get. The language of the indictment will track the language of the statute, which is anything but "loosely defined."