Whoever with malice aforethought, except as provided in §§ 22-2101, 22-2102, kills another, is guilty of murder in the second degree. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the second degree is a Class A felony.

Any definition of malice aforethought, whether Blacks or general definitions, has intention as an element.

A good example of this would be George Floyd; whether he intended to kill him or not, that officer intentionally committed the act/applied the force (the knee on back, etc) that led to the death. In this case though, they aren't the ones who applied the force or action that killed him. Seems much more like a matter of involuntary manslaughter, though I don't know the statutes for that, so I'm guessing.

Yeah this case is ripe for appeal and them winning. Lying and violating policy are grounds for termination, and possibly some relatively minor criminal charges if their jurisdiction has a law against officers lying, but those in themselves don't create criminal culpability for other crimes. Civil liability? They would get smoked/will get smoked in civil court. Second degree Murder which under DC code requires proving the accused has the intention to kill or harm? Not so sure.

We will see how it plays out.