He told the police that the weapon was in his pants pocket and he drew it from there, but as the prosecutor told the judge without objection from his attorney, there is no way that he drew that gun from his pants pocket after the popcorn was thrown. It was already in his hand.
He claimed that it was in his pocket because he didn’t want the police to know that he had it out within easy reach because he intended to use it.
Watch the video — one second after the popcorn is thrown the gun is fired — one second.
His arm does not reach backward into his pants pocket but goes straight forward.
There is no way he drew his pistol at that time — it was already drawn — and that is evidence of premeditation.
and your argument is toast.
Total BS with a capital B.....
I shoot combat comp and pins. I draw from a holster and fire all the time. One second is slow to the first shot. BS BS BS. This retired cop has also had years of training shooting from a holster or pocket.
It does not show premeditation is shows preparedness just as he has been taught as a cop to do for all of his career. Cops are Taught to Have their hand on their sidearm. He went with what he was taught. For your way of thinking to be true every cop that stops you and approaches your vehicle is planning on killing you, in fact already has it all planned out, premeditated in fact.
Based on what is known about his past actions, he was going to kill someone or later. It just happened to be sooner rather than later.