"Attempted murder means the deputy planned this in advance."
Actually, that is not the legal definition. And charges in this area are often the call of the DA--how much force, circumstances, etc. Aggrraveted assault, after all, can be construed as attempted murder. For what it's worth, this incident probazbly could pass the legal standard for such a charge...but it would be highly unlikely for a DA to bring it.
Just a complicated way of saying, You're wrong.
Not the first time, probably not the last...... Thanks for the education.