In my State it would more likely be second if the victim were dead. First implies premeditation, which requires a plan, rather than just a lack of self control.
Premeditation does not take time. You don’t have to form an elaborate plan, you just need to form an intent to kill.
By taking the time to pull his gun out, walk up to the driver, point and shoot, there is more than enough evidence to show premeditation.
This was attempted first degree murder.
He can raise temporary insanity as a defense, but the prosecution need not inquire into his state of mind. Premeditation is obvious from the video.
What state?
I ain’t no lawyer, but that doesn’t sound right. If there is a “plan” I agree it is much easier to sway a jury to the more serious charge. And if that is what you meant, then sure.
A prosecutor may try to say that his arming himself is evidence of premeditation, but that alone will not work. Defense will have precedent against that. So he will back it up with something else like showing his sticker that says “We don’t dial 911” or a “Rambo t-shirt” or a blog post or comment advocating violence including self-defense. If he can show a history of “car crime” road rage, assault charges or protective orders, then look for the jury to convict on the greater charge (unless defense adequately counters.)
Mas Ayoob tells the story of a security guard who went to work one night and killed an unarmed (?) intruder. They charged him with murder because he was wearing a t-shirt that night which said, “Killing is my business, and business is good.” He would have been convicted (true) Ayoob says, but they got him off when his wife testified that she had given him the shirt as a birthday present that very day, “because he loved that movie, Major Payne, and they thought it was funny.”
Please correct me anyone unless you think I am giving legal advice. If you are that stupid, then you will also be too stupid to realize that no one should listen to your pathetic drools.😇
Ayoob himself gives legal advice: Get rid of the Rambo shirt!