A question. How does the jury find him guilty of three counts of attempted murder and deadlocks over the one guy who died from a gunshot? I don’t really know whether Fla. has a second degree murder charge and what it entails. In NY first degree involves the death of a LEO or a witness. Second degree (25 to life) takes in the rest and we have the depraved indifference statute. If there was a second degree that’s what should have been brought. In a related case does anyone know what that retired LEO who shot the man in the movie theater was charged with?
From my understanding murder 1 requires premeditation, murder 2 does not. They overcharged him and didn’t have the evidence to back it up. I beleive the jurors could have also convicted on murder 2 or manslaughter. I’m guessing the hung jury was a result of the disagreement of the jurors on which of the two possible lesser charges was appropriate.