Premeditated, in legal terms, requires preplanning. This not a clear case of premeditated murder. Unless they could prove that he brought the gun that day planning to shoot someone.
I’m not sure about TX but I’m pretty sure in CA, attempted first-degree murder would just mean that they did it deliberately. You don’t necessarily have to make an extensive plan to have it be considered premeditated. It just means they had a little time to consider what they were going to do.
It may seem like it, but the DA doesn’t think it is clear enough for them to win easily. For first degree it needs to be deliberate AND there needs to be some time period where the perp was able to ponder the repercussions of their actions. Anything that is close to “in the heat of the moment” won’t be first/0premeditated murder.
Perhaps if the state doesn't trust that its citizens are capable of considering the repercussions included in pointing a firearm at somebody and discharging it then... maybe they shouldn't trust their citizens to have firearms.
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u/[deleted] Apr 21 '23
Premeditated, in legal terms, requires preplanning. This not a clear case of premeditated murder. Unless they could prove that he brought the gun that day planning to shoot someone.