I think it's obvious he lost his temper -- if he meant to kill her, he must have found a weapon somewhere -- he apparently wasn't carrying a gun, so he had to find a weapon -- I guess just slapping her in the face wasn't enuff -- so he took the t-i-m-e to look around -- he found one -- he could have stopped right there ("What am I doing?!") -- but he didn't. SMH. Quick, yes, but it took a bit of time, "however short." I think a case could be made for 1st Degree. I don't know how the Feds do their "verdict sheets" for the jury, but State courts often give the jurors a choice of 2nd Degree verdict, usually to avoid a hung jury. JMO.