The guy was out of the house and running down the street!
It is a situation of physical evidence, not intent. The actions of the dead guy are only known by the testimony of the shooter, not his intent. So the trial must focus on the intent of the shooter, and the physical evidence.
While it may sound nit-picky, “intent” has a very limited trial use, here, so the trial will focus on a limited number of criteria.
1) Events leading up to the shooting.
2) Physical location of the shooting, where shooter and shootee were, relative to each other. Bullet angles, where cartridge cases fell, etc.
3) Shooter state of mind (likely coached by his attorney).
All else being equal, there is a good chance for a conviction.