[ASA Vet]

I sat on a open murder trial once. The DA attempted that argument. The guy pulled a gun, walked over to the victim (In a feral bar,) hit him on top of the head with the pistol butt, then plugged him. There was no evidence that the two were known to each other.

Only one very Karen on the Jury wanted 1st degree. Her "feeling" was that since he had a gun it was 1st. All 11 others went with 2nd. The Karen got slapped around hard for using "feeling" rather than thought. We found him guilty of 2nd.

He was using a 9mm fmj round which passed though the murder victim then struck another victim in the thigh.

The DA even attempted to call that an attempted murder. We the jury dismissed that charge. If he'd charged discharge of a firearm causing injury, during the commission of a felony, we'd have convicted of that charge.

Didn't really matter anyway, as he was sent to prison for life with no parole.

I check about once a year. He's still locked up.

[P-Marlowe]

The point is that he was charged with first degree murder. Whether there is premeditation is a question for the jury. He didn’t need to form a detailed plan to murder, just malice aforethought. You can get there in a matter of seconds.