Should be 1st degree
I don’t think so. First-degree is premeditated, second ‘heat of passion.’
I personally think Dolloff didn’t go there planning to shoot anyone, he just got slapped in the face for whatever reason, got angry and shot the guy. Seems second-degree murder to me. Wasn’t first-degree murder, wasn’t ‘fear for my life’ self-defense.
Exactly. At least it should be a consideration when charging and let the jury decide.
Probably not. 1st is premeditated, lying in wait, etc. They would never get a conviction on premeditation.