I agree they are trying to say he didn't intend to kill someone it was the a surprise to him and the other parties idea
The problem I have with that theory is that at some point after the murder Smich or Millard left the car to drive the Yukon. At this point if his intentions were not to kill why did he not just take off and talk to the police. Instead he stripped a car, burnt a body, intended on taking the truck to a body shop, had the keys in his car, purchased a burner phone, owns an animal incenarator on a farm with no animals, and the list continues. If I didn't intend to kill someone I wouldn't be the one using my properties to try cover it up.
He was scared and freaked out by MS and his shady gangsta friends who were threatening his life and the life of his friends and family. He's still scared. His mother is in hiding. The list of lying excuses can go on and on. And it probably will. From both sides.
That's why they should both be convicted. Neither went to the police to tell the truth about what happened at the time.
MOO