1. I'm not sure why you rolled your eyes
Closest thing I could post conveying exasperation
I didn't say equal treatment WOULD happen, I said it would be just if it did.
I don't necessarily disagree
Come on. You're not that dense. What exactly would be "just" under our legal system? His behavior wasn't murder with intent, and given the "out of his mind" aspect, it's hard to say he even knew what he was doing. It doesn't seem "just" to punish a man for something he didn't intend to do and wasn't aware he was doing.2. What exactly are you asking?
The actions that led to this were completely within his control, yes, but if we start arbitrarily connecting the dots between the actions a person takes in any given day, we're gonna open a really bad can of worms.
Yes, they were both doing something illegal, but only one of them tortured and murdered someone.
To play the devil's advocate: the victim knowingly and willingly joined in the same activity that led to his death. If we're gonna fault Mr. Killer for his actions, then doesn't Mr. Victim have some liability as well. I mean, after all, they were both doing something illegal.
That's why I say it's a difficult issue to nail down what "justice" would be under our legal system. In any other situation, when two criminals are participating in criminal activity and one of them dies, the majority of responses would be "play stupid games..."
Why is this one different?
Disclaimer: I'm not defending Mr. Killer. Just pointing out that it's not always that black and white.