It looked to me that he was in the act of disarming himself under the direction of law enforcement. e.g. Throw your weapon on the ground.
I think they planned to shoot in while he was in the act of disarming himself. That makes it premeditated murder.
He was not a stupid man. He would have not tried to have a shoot out with guns all around him. He would have figured that he could cop a plea to trespassing.
I think you are right.
LaVoy previously indicated he'd rather die than be locked up. I watched the video taken from a chopper a couple of times. Specifically focusing in on LaVoy.
It appears he chose suicide by cop. Knowing this was the end of the line. Two things were bout to happen. Either he would be handcuffed and taken to jail or he would die.
Any person that jumps from the vehicle as fast as LaVoy had, begin walking around with his hands up...then whirling around with his hand in his jacket is not thinking clearly...or was he? Depends whether he intended NOT to be taken in.