He would need to act with the intent to cause death. Take a look at the
NC jury instruction for first degree murder:
"For you to find the defendant guilty of first degree murder. . .the State must prove five things beyond a reasonable doubt:
First, that the defendant intentionally and with malice killed the victim with a deadly weapon.
Malice means not only hatred, ill will, or spite, as it is ordinarily understood- to be sure, that is malice- but it also means that condition of mind that prompts a person to take the life of another intentionally or to intentionally inflict a wound with a deadly weapon upon another which proximately results in his death, without just cause, excuse or justification. . . .
Second, the State must prove that the defendant's act was a proximate cause of the victim's death. A proximate cause is a real cause, a cause without which the victim's death would not have occurred, and one that a reasonably careful and prudent person could foresee would probably produce such [injury] [damage] or some similar injurious result. . . .
Third, that the defendant intended to kill the victim. Intent is a mental attitude seldom provable by direct evidence. It must ordinarily be proved by circumstances from which it may be inferred. An intent to kill may be inferred from the nature of the assault, the manner in which it was made, the conduct of the parties and other relevant circumstances.
Fourth, that the defendant acted after premeditation, that is, that the defendant formed the intent to kill the victim over some period of time, however short, before the defendant acted.
Fifth, that the defendant acted with deliberation, which means that the defendant acted while the defendant was in a cool state of mind. This does not mean that there had to be a total absence of passion or emotion. If the intent to kill was formed with a fixed purpose, not under the influence of some suddenly aroused violent passion, it is immaterial that the defendant was in a state of passion or excited when the intent was carried into effect.
IMO, the state cannot meet the first, third, and fifth elements. In particular, I just can't help but wonder what he's supposed to do if there is a crowd of people gathering around his car. Is he supposed to sit there and wait to get dragged out like Reginald Denny?
You think really think this guy's behavior is on par with the BTK killer or Night Stalker (true first degree murders)?