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While I don't know if I can hold the guy blameless if he had incapacitated the BG, chased another BG off, and then came back and finished the first BG off with a second gun... I think I have a hard time with a First Degree charge. I thought First Degree had to show premeditation. At the most, I would have thought it would have been second degree.

clarionite wrote:http://news.yahoo.com/s/ap/us_pharmacy_shooting

While I don't know if I can hold the guy blameless if he had incapacitated the BG, chased another BG off, and then came back and finished the first BG off with a second gun... I think I have a hard time with a First Degree charge. I thought First Degree had to show premeditation. At the most, I would have thought it would have been second degree.

Yeah.. wow. Based on what I remember of this case, his main problem was not keeping his mouth shut.
Had he waited for an attorney, he may have been no-billed, or at least convicted of something much less serious.
He told the story verbally way out of order with what happened on the tape. It would be easy to do when that rattled. His claim when he got his story straight was that the guy on the ground was moving around and he wasn't sure if the guy was still armed or still a threat.
His sequence of events was off, and that really set him up for issues.

It's definitely a situation where keeping his mouth shut would have been in his best interest.

Just noticed another thread on the subject, so I'll ask if a Mod can close this one...

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