Yes. Not a lawyer, but I don’t see intent here thus not first degree. But I don’t know everything that happened. It would be nice if attempting to surrender helps him, but probably not. It would be interesting to know why the police didn’t detain him. Seems like a kid with a rifle would be enough, but they had to have heard radio traffic about the shooting, or heard it shortly thereafter.
The first humvee asks the kid directly over speaker if people are hurt/shot.
In the first video, the kid didn’t run from the scene. He is seen trying make a call on his phone. Likely to 911. He didn’t start to run from the first scene until rioters started to threaten him. Also in the first video it opens with him running away from rioters already at that point. So we don’t know what happened before then?