First-degree murder charges in New York require specific aggravating factors and are only doled out in exceptional circumstances, such as when a defendant is accused of killing a police officer or trial witness, carrying out contract killings, or committing acts of terrorism.
"The statute talks about attempts to influence or coerce a civilian population, the statute talks about intending to influence a policy of government, and it talks about seeking to put forth things sort of similar to that by murder. So the plain language of the statute is clear," said Bragg. "In the middle of Midtown, the beginning of a busy day. Tourists, commuters, business people. The intent was to sow terror."
The FBI spoke with the suspect's mother two days before he was identified and apprehended.
people.com
I'm not sure that this is an easy inference to draw, tbh.
It is exceptionally hard to prove what a person's intentions are - how do you show what a person's actual motivation was when they did a particular act?
As an example, in this country, UK, attempted murder requires a specific intention to cause death. Murder only requires an intention to cause GBH from which death resulted. In short - you do not need to show an intent to kill in order to get a murder conviction but you do for attempted murder. Attempted murder is a very high bar to clear in order to get a conviction.
I can envisage similar problems with the terrorism charge against LM. The final few words in your post
...In the middle of Midtown, the beginning of a busy day. Tourists, commuters, business people. The intent was to sow terror, don't automatically accord with what went before.
In the statute, "terror" is very specifically defined by the parameters mentioned; it has to be carried out with the intention to control/influence/coerce the government or population. That is an extremely difficult thing to prove and, to be honest, I'm not sure that the evidence we have at present is enough to show that.
Terrifying people isn't the definition of a terrorist act. Two random drug dealers shooting it out in the street will certainly terrify people but that's not the same as the
means rea in the statute in question. Even if he did intend to cause people to be terrified and cause "terror" in those nearby, that still isn't the definition in the legislation. It needs to be an act calculated to cause a change in public policy, essentially.
In short, the prosecution needs to prove his motive behind his actions. That is rare because the vast majority of crimes require only that the defendant actually did it, his motives are irrelevant. That isn't the case with this specific 1st degree terrorism murder charge.
I'm not at all convinced that the evidence (as far as we currently know it) is sufficient to prove that very particular charge.