Pisto wrote:
US Federal Law
"Under federal law, the government must prove each of the following elements beyond a reasonable doubt:
First, the defendant unlawfully killed [victim];
Second, the defendant killed [victim] with malice aforethought;
Third, the killing was premeditated; and
Fourth, the killing occurred at [location stated in indictment].
To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life.
Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing."
School is in session:
let's assume Op is tried under US federal law to appease Pisto:
First OP unlawfully killed R (unlawfully = without legal defense)
Second OP killed R with malice aforethought (deliberately and intentionally can be inferred from the use of deadly force, 4 shots at close range, and OP's affidavit saying he intentionally fired and advanced towards the danger)
Third the killing was premeditated (OP did not return fire, he took enough time to retrieve his firearm, walk around 2 corners, and discharge 4 shots knowingly and intentionally = he meant his actions and knew firing would kill whoever was on the other side of the toilet door)
Fourth the killing occurred at the location (jurisdiction)
So OP gets convicted in USA.
Pisto, you may not like the answer, but it is the answer, remember R was not a burglar, the prosecutor is saying OP's alleged mistake does not get him off legally and that a conviction could be obtained legally even if it was a burglar, but because it was not the alleged mistake not only fails legally but morally and pragmatically. Don't miss the forest for the trees. It really really is bad for OP, and I predict over time that as the shock and initial desire of people to want to believe in the good of their fellow man (OP) dissipates and subsides that public opinion to OP will get far worse.
School is out. Enjoy your summer.