Originally Posted by Z71bill
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.
I don't think IMHO you can apply any rationality to his actions. My point is, he acted in a reduced capacity, so his rational thinking abilities and judgment were obviously impaired. How one reacts can't be predicted in such a state.
I agree with the question of why would you leave your wife and injured child, but at that point rationality is a moot point... sadly.
The whole thing is tragic.