I don’t see how you are getting to manslaughter unless you are arguing imperfect self defense. Without imperfect self defense, this seems pretty cut-and-dry 2nd degree murder. The intent to kill (malice aforethought) is implied from the act of pulling the trigger while aiming at someone.
As for self-defense, that will be tricky and it would be probably good (under normal circumstances) for him to take the stand to testify regarding his subjective state of mind. Given his spotty past record, and statements from other officers from his department, he would get crucified on the stand.
Oh he’ll take the 5th no doubt. But the neighbors will have some things to say.
Bone, this is not going to get true billed for murder 2nd unless there is other inculpatory evidence introduced that we are not privy to. Such as the oft mentioned presumptive terrorist in disguise or hate of women based on his religious background, all presumptive, not based in known fact and frankly, scurrilous at this point. It debases anyone suggesting this as the motivations of Noor, regardless of his muslim background.
It is automatically assumed that he was acting in the scope of his duties until proven otherwise and even if true-billed, it would behoove them include manslaughter as an offense.
The malice of forethought can be almost instantaneous argument, is in my experience, rarely used as the prevailing evidence on which to hinge a case but rather other aggravating circumstances that bolster the state’s contentions. To suggest that Noor had some instantaneous rage against the decedent and then acted upon that rage is weak. If we look at the complaints that he had, he certainly had more provocation in those instances but did not kill them.
A defense attorney only need to cross his partner and the department training officer on whether they teach their officers to “kill”, which they will deny, and will be confirmed in their training curricula and policy. They answer will be that they are trained to “stop” the threat or perceived threat and then are mandated (Constitutionally) to provide first aid, further throwing doubt on the jury’s decision on whether a murder was conducted.
There is a plethora of officers who are beating 2nd degree murder handily, either by overcharging deliberately by the prosecution due to inexperience or simply to toss the case.
I contend that based on that historical evidence, this will be no different.
If indicted, and brought to trial, he may take a page from the Freddie Gray playbook and request a bench trial, which was very successful.