Sympathizing has everything to do with this case because the jury will be made of other humans. If ONE of them decides the drunk deserved it, he walks. We could argue technical guilt, but it will be decided by 12 citizens, logic and the law be damned. The DA is holding the guy accountable by charging him, but the jury can do whatever they like.
Calling it premeditated because of the effort to walk the short distance home, then come and shoot the guy might be technically accurate, and will result in the appropriate charge, but convincing a jury to put him away on murder might be a stretch. Sometimes DAs need to think tactically, and in this case sympathy is probably high enough that they'd do better to push a much lesser charge as he did society a favor by killing this drunk POS.
Here in NM, the news is filled with DUI cases where the idiot perp has literally dozens of prior stops.
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"Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one." — Thomas Paine
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