I personally think you are wrong.
Too much planning to get him to that location and to engage in provocation of the man he shot.
Strapping the gun to his body, to me, is premeditating the use of it. He was not in fear of his life, he wanted to kill someone that day and was given the opportunity.
The Second degree charge is dodging the issue. The DA is not doing his job. Of course the unknown reaction of the Denver organized wreckers might be on the DA’s mind.
I think you are right and I think the victim was the intended target all along. He was well known to the reporter in question it has been previously reported.