ICE detention center employee tried to murder a protestor

[Jedi Guy]

6. Proving premeditation is always a dicey prospect for a prosecutor.

If they overcharge and go for first degree, it might result in an acquittal because proving premeditation beyond a reasonable doubt requires documents, evidence of planning and intent, etc.

Second-degree is a much more reasonable charge since it's the "crime of passion" level where someone loses control due to overwhelming emotion and "snaps". That fits the events much better than premeditation since they had an argument, words were exchanged, etc., and then he retrieved the weapon and fired.

I'd rather see him convicted of a lesser charge than have the prosecution overreach and fail to prove a more severe charge.