Australian exchange student gunned down

[HairOfTheDog]

Even if the defense's argument is true, willful/wanton behavior that results in a fatality is still not "bad judgement." The prosecution doesn't need to prove that he intended to kill the kid, merely that he intended the action - to point the gun at him.

If Luna had been in the commission of a separate felony crime (like rape, robbery, kidnapping) when he killed Lane, proof of intent to kill wouldn't be required. But, it's not alleged that Luna and his co-defendants were committing any other crimes when Luna shot Lane. So, proof of intent or "malice aforethought" is required to support the first degree murder charge in this case.

Your statement is true for second degree murder though. If prosecutors fail to prove that Luna shot Lane with intent to kill, they can still secure a second degree murder conviction. Second degree only requires the jury to be convinced that the murder was committed due to the depraved actions of another, without regard for human life.

Luna's co-defendant Mike Jones (the driver who pleaded guilty last month to second degree murder) told police in early statements that he, Luna and Edwards killed Chris Lane because they were bored and essentially just wanted to see how it felt. Jones' plea agreement waived him from having to testify against Luna. However, Edwards is required to testify truthfully against Luna as part of his sweet plea deal (charges reduced to accessory-after-the-fact).

I think Luna will go down for first degree murder and don't think the jury will buy his earlier claim that he thought the gun only contained blanks, nor his newest claim that he only shot to scare.