Well, you sparked my interest enough to research it a little more and, as I thought, I was correct. I think where you are getting lost is the distinction of "lesser included offenses." While jeopardy attaches to a lesser included offense when tried for the greater offense, the reverse is not true. So, as I suspected, I think the State could try him for murder because it contains an element the lesser included does not. The Supreme Court's Diaz decision is helpful in explaining why: [Hidden Content]
I don't think he will be retried though. As I said, it still is a situation that doesn't pass the smell test. Furthermore, the causation issue would be a nightmare, is not impossible to prove beyond a reasonable doubt.