CR is reported (in the arrest warrant affidavit) to have said he "blocked out". That sounds more like a willful act, and less like a psych or physiological event. So NO, BS if his attorney tries for a diminished capacity defence. Even if it was a "red out" on CR's part, he still premeditated and showed specific intent by stalking her in his car, and approaching her (by his own admission) putting himself in a position to kidnap (felony murder rule) and/or kill her before his convenient "block out". He told LE that he has previously had these block outs when he gets angry. So, why did he put himself in a position to cause immediate and lethal harm, in a situation that a reasonable and prudent man would recognize as having the potential to bring on a "block out". For CR, this is no different than DUI, but he was "stalking while angry". CR is guilty of premeditation and intent before he pointed and launched his leathal self at MT. At that point he is as guilty of Murder One of MT, as if he had unleashed a pack of dogs on her. He tracked her down with malice aforethought, slipped his leash, and killed her. He is guilty, will be found as such and go to jail for the rest of his life!