The state has indicated its belief that the facts, as presented, lend themselves to the application of accomplice liability for all the charges, and the defendant should be held criminally liable for the actions of Miller and others as an accomplice. In order to convict the defendant of any of the charges under the theory of accomplice liability, the state would have to prove that a crime occurred, and that the defendant, with the intent to make the crime happen, knowingly aided, counseled, commanded, or encouraged the commission of the crime, or communicated to the primary actor in the crime that he was ready, willing and able to lend support if needed. The state's theory from the beginning has been one of negligence, recklessness and disregard for duty and orders by this defendant. There has been no information presented at this trial that the defendant intended for any crime to happen, nor has there been any evidence presented that the defendant communicated any information to a primary actor that he was ready, willing and able to lend support if needed to any crime.