It is a good point.
But I also think Juan and the ME should clarify what they mean by immediately incapacitating. People have been shot in the head and lived to tell about it. Some have been shot in the head and have been able to get up and walk around. But they are also going to be disoriented, in severe pain, they are going to have blood gushing out of their nose and maybe their mouth like a geyser. Could Travis really have done all the things Jodi says he did after a bullet has pierced through his brain? Is he going to just keep coming and coming? Would Jodi really not be able to tell that Travis was shot since he would be bleeding everywhere? Maybe it WOULD impair his ability to defend himself against a knife attack...
I will say it gives me some hope that there are some people here, actually A LOT, who believe the gun shot did come first but still think Jodi premeditated the murder and would still give her murder one. So hopefully even if that or those jurors are skeptical, (I might be too, the ME sounds too sure of this and there is a small possibility he may be wrong) that in the end they come to the conclusion that it doesn't matter because Jodi planned the murder and Travis suffered.