Right now the charges that have been brought against Brian are not reflective of his culpability.

The law certainly requires more than mere presence for someone to be guilty of a homicide. Merely being present for someone else doing an act that results in another's death, this is not sufficient to charge them with murder.

It's very clear from the witnesses that Brian wasn't involved in striking any blows against Norris Gaynor. And, obviously, the concern is for somebody to be charged with an open count of homicide and not to have acted in any way to have caused that homicide, obviously, is troubling to me.