You live in California this is Texas murder here doesn’t require premeditated action at all. Thats our law any willful action that results in the death of a person is murder period full stop. Pointing a gun at some and pulling the trigger is a willful action and unless justified is murder here as the lady cop found out and EVER CHL needs to think about that when they pull their gun. Unless you can justify pulling that trigger you WILL go down for murder only capital murder requires depraved mind and thats only to get the death penalty. Homicide here is ONLY for negligent actions and pulling the trigger is never ever negligent it is always willful. I am a 11 year LEO vet in Texas this is bread an butter for us ignorance is no excuse.
Second of all I'm a huge supporter of "jury nullification"...in certain circumstances.Regardless of what Texas law might say I firmly believe that "murder",as *I* define the word,requires premeditation.If one causes the death of another without premeditation then it constitutes something less than "murder".
If I was a juror in this case and heard no evidence of premeditation I'd vote "not guilty" on "murder"...but would almost certainly vote "guilty" on a lesser charge..."reckless homicide" for example.