not from what they were saying. they were suggesting you have the incident and then you plan your response. it could be that brief of an interlude.
this is why she is going to retry for 1st degree.
If she’s going to retry for 1st degree, she’s just proving herself to be the unqualified fool she is. We’re looking at an instantaneous action of pure, malicious stupidity by a very pissed off man, one that pretty well qualifies for 2d degree, not first. Since he was convicted on four other serious counts, three of them for attempted murder, he’s going away for most of the rest of his life anyway.
If this wasn’t a “heat of the moment” incident, then the differentiation between 1st and 2nd degree murder has no meaning.