Originally Posted by mtbinva
I have to question the premeditation. There are two parts to a criminal act, and in this case I believe mens rea was not a premeditated, even though he went to his house to obtain his weapon. Being present and witnessing BOTH children getting killed altered his state of mind, I think it's safe to say. I would fathom to guess he was in a state of shock.
Even in the time it took for him to secure his weapon would not (IMHO) equate to returning to a rational state of mind and go down the path of premeditation.
Just my $0.02
So he had the capacity to determine the driver had over the legal limit of alcohol - but not enough to realize that shooting the driver was illegal?
Maybe they could show he was mentally impaired at the time of the shooting - what state of mind would cause a person to leave one critically injured child, his wife, 8 year old daughter, 3 month old son and dead child - at the accident to walk home and get a gun.