I tend to agree that this guy should not have been convicted of 1st degree murder.
Can anyone here imagine the emotional state you would be in 45 seconds after having a gun pointed at you and having shot someone in the head. There is no way you would have calmed down by then and could easily be a state where you would act upon emotional impulse (hell, the fact he went back and shot him 5 times alone suggests that) instead of consciously formed intent.
He is certainly guilty of murder, but it doesn't seem to be premeditated. It seems far more likely to be a crime of passion precipitated by the emotional state of experiencing an attempted robbery at gun point and the initial shooting.
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Re: Yeah, he's guilty, but of premeditated murder?
Date: 1/6/11 01:12 (UTC)Can anyone here imagine the emotional state you would be in 45 seconds after having a gun pointed at you and having shot someone in the head. There is no way you would have calmed down by then and could easily be a state where you would act upon emotional impulse (hell, the fact he went back and shot him 5 times alone suggests that) instead of consciously formed intent.
He is certainly guilty of murder, but it doesn't seem to be premeditated. It seems far more likely to be a crime of passion precipitated by the emotional state of experiencing an attempted robbery at gun point and the initial shooting.