is how the nbc legal analyst explain the prosecutor s decision to charge the parents. this may be part of a trend for prosecutors to hold parents closer to automatically liable for what their kids do. that is not what this charge is. is the theory of automatic liability. the prosecutor is alleging the parents were aware there was a risk and knowing there was a risk consciously disregarded. that is the gross negligence is. laura: based on the evidence we have seen thus far, is the prosecutor on shaky ground? you heard his comments. he defined what recklessness is but there is lack of evidence to support that. that s the difficulty, the prosecutor is throwing out this theory of criminal liability in the absence of evidence and we see prosecutors do this all the time in politically motivated