im watching this on dvd right now. the joker kills the black mobster guy during his first "why so serious" speech. in theaters it looks like he is merely threatened, released, and then held at gunpoint by one of the joker's henchmen, but that happens to be just another guy. the black guy is seen dead in the background, sliced by the joker.
this scenes placement in the count would look like so:
Magic Trick: 1
Calling Card: 1
also, during the "transferring dent" scene batman crushes the cab of a dump truck into the ceiling. the driver is seen just before this, no doubt he too was crushed. this would give that scene 11 kills rather than 10:
Transferring Dent: 11
Phone Call: 8
this would give the joker a total of 21 kills, wayne a total of 7 kills, and the movie a grand total of 38