Attempting murder does not mean you fire a gun. All the things listed by PD as proof of EN's premeditation were done by the Meyers as well, so if doing those acts listed is premeditation, that would mean that the Meyers premeditated just their plans failed, which having your plans go awry does not mean you didn't make plans. I'm not seeing that either of the Audi or the Buick premeditated, but if such things are premeditation it would also mean the Audi wasn't alone in premeditating murder.
IMO, based on a careful reading and thoughtful consideration of all the sworn testimony and physical evidence available to us so far, I believe that the Meyers' actions that night were a
lot more premeditated than anything EN did.
TM went home and specifically got her armed son to go out with her. She drove around until she found a silver car. She pulled up behind that car and BM waved or pointed his gun out the window. Then they proceeded to chase that car.
Those actions all seem pretty premeditated to me.
What did EN do? First, he saw a car that he thought was people who were after him. (And it turns out he was right about that.) He called a friend to help him flee from that car. He waved his gun out the window to try to get the car to go away. They didn't. He and his friend in fact
did flee from that car. The car pursued him. He fired his gun to stop the pursuit, then fled again.
He was trying to get home. (We know this from Mogg's testimony re: his direction to DA about going home.) He saw the green car passing almost right by his house. He was still trying to get home, when the person driving the car he was in turned into a cul de sac (for reasons currently unknown to us).
Then EN saw the green car again, right there in front of the car he was in. He thought -- perhaps wrongly, but probably reasonably -- that the person running was going to get more guns. After all, this green car had just been chasing him, and only backed off and stopped chasing after he actually fired at them. Seems very reasonable to me that he feared them. He knew they had a gun, and he thought they were going to get more guns. And he didn't know which of the people he saw already had guns in their possession. So he started shooting again.
Frankly,
none of that seems premeditated. All of that is EN's reaction to the Meyerses; it's all his attempts to avoid confrontation, his attempt to get home, and ultimately his attempt to defend his own life against further attack by his pursuers.
If only the Meyerses hadn't aggressively gone out with a gun to hunt down, stalk and chase EN that night, TM would still be alive.