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.
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.