Quote:
Originally Posted by JoshGirls Josh
not surprised they hung on murder 1. seems more like murder 2 to me. not like he left his sons wedding looking to shoot someone. He just lost his cool.
but this crap happens all the time with prosecutors who over-reach on the charges.
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You are using the definition of premeditation from fictional TV show scripts.
Premeditation only requires forethought; 2 seconds of thought is enough to premeditate.
They had a premeditation charge because of things he said/did before he ever got out of the car with the gun.
He had to think to get out of the car with the gun and shoot. That's forethought.
If a person is really scared then why not shoot from the car.
Why get out first?
Why expose yourself more to the weapon you fear by getting out of the car?
Answer : Because you ain't scared and you're going to kill somebody and you know it when you get out of the car.
But you are right about it being a mistake to try him on 1st degree murder.
Not based on law but based on the results of recent cases.