Despite your constant attempts to obfuscate the term, it is what he was charged with. So it's funny for to say "armchair district attorneys" about the people who charged him with it.
Considering some of the reports suggesting that his actions were not anywhere near his time of learning the crime, and that he got into his vehicle with a loaded firearm, and followed the parents to where they picked up the guy before ramming them and opening fire, that would suggest the charge was called for.
I’m not trying to obfuscate the term, I’m doing the opposite which is clarifying the fact that it is a flexible concept and its application can vary depending on the jurisdiction and specific case circumstances.
And I’m delineating the factors that come into play in order to establish it: intent, planning, mental state, time for deliberation, manner of the killing.
There wasn’t direct evidence to prove he had intent to kill before the chase, only circumstantial.
No confession, texts, writings, or witnesses to explicit plans to kill, no weapons purchased for that intent, no extra ammunition or other weapons than the already owned gun, no costumes or planned ambush. The extreme emotional distress and reckless chase shows a disturbed state of mind that acted impulsively.
DA agreed to lesser charges rather than risking an acquittal on 1st degree murder attempt.
And just so you know “attempted premeditated murder” is not a charge in California, that would be 2nd degree murder.
1st degree murder requires:
Intent
Premeditation
Deliberation
Attempted Murder: Deliberation and Premeditation (Pen. Code, §§ 21a, 189, 664(a))
Judicial Council of California Criminal Jury Instructions (2024 edition)
Justia - California Criminal Jury Instructions (CALCRIM) (2024) 601. Attempted Murder: Deliberation and Premeditation (Pen. Code, §§ 21a, 189, 664(a)) - Free Legal Information - Laws, Blogs, Legal Services and More
www.justia.com
If you find the defendant guilty of attempted murder [under Count_______], you must then decide whether the People have proved the additional allegation that the attempted murder was done willfully, and with deliberation and premeditation.
(The defendant acted willfully if (he/she) intended to kill when (he/she) acted. (The defendant deliberated if (he/she) carefully weighed the considerations for and against (his/her) choice and, knowing the consequences, decided to kill. (The defendant/_______ acted with premeditation if (he/she) decided to kill before completing the acts] of attempted murder.
The attempted murder was done willfully and with deliberation and premeditation if either the defendant or _______ or both of them acted with that state of mind.]
The length of time the person spends considering whether to kill does not alone determine whether the attempted killing is deliberate and premeditated. The amount of time required for deliberation and premeditation may vary from person to person and according to the circumstances. A decision to kill made rashly, impulsively, or without careful consideration of the choice and its consequences is not deliberate and premeditated. On the other hand, a cold, calculated decision to kill can be reached quickly. The test is the extent of the reflection, not the length of time.
The People have the burden of proving this allegation beyond a reasonable doubt. If the People have not met this burden, you must find this allegation has not been proved.
