I think they overcharged him
1st degree murder is a very serious charge, and It's hard to prove in court that Terry maliciously intended to murder Josiah, since the incident [allegedly] went down as Terry punched the Josiah in the face, causing him to fall to the ground and strike his head on the pavement, which resulted in a concussion and a fractured skull, where he later died in the hospital from those injuries.
Probably should have gone with involuntary manslaughter, and it would have most likely stuck. The prosecutor failed Josiah and his family.