It may be irrelevant whether or not he was struck. There is plenty of
legal precedent for charging perpetrators with murder even if a crime
victim dies of a heart attack during a struggle.
Have they actually convicted anyone recently under that statute?
If you read the CNN story they also said
"One possibility being considered by investigators is that Sicknick
became ill after interacting with a chemical irritant like pepper
spray or bear spray that was deployed in the crowd."
Will this be a friendly fire situation? Was he without PPE when the
cops started lobbing chemical agents?
Sounds like it.
He texted me last night and said, I got pepper-sprayed twice, and he was in
good shape, said Ken Sicknick. Apparently he collapsed in the Capitol and they
resuscitated him using CPR.