That is the reason I maintain that he murdered the kin, willful and Wantonly, with malice aforethought.
That second shot while he was down on the ground was certainly premeditated and malicious -- as was the third and then the fourth and then the fifth and then the sixth and then the seventh and then the one that missed mercifully.
We have some LE trainers around here that say they are trained to shoot until the target stops moving -- and they justify it.