***Based on what ifs from JA story, so I realize many parts are probably not even true*** Just playing sleuth
'If she was going to do this she would have planned it better', huh?? Pre-meditation does not require you to tell a good lie, or even determine the best way to clean up the scene.
Leave out the gas cans, the 1000 miles, etc. all of that stuff I like to call corroborating data. Let's say TA was verbally abusive, fine. From what I understand you don't have to have any type of 'pattern' to decide your ready to kill, and according to ALV even 'victims/survivors do kill.
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'JA got out of the bathroom'... Couldn't it be argued that her 'plan' of reaching for that gun after getting out of that bathroom was pre-meditation as well?
According to JA prior to her killing him
1. They had sex; this QUELLS his anger.
2. She was taking pictures of him in the shower; he was not angry, in fact, he wanted to do this, to remember his cancun figure.
(At this point I see no reason to believe JA fear factor)
Then, she drops the camera!
3. He yells means words to her, then makes no more mention of further mean words (so no rant)
4. Body slams her, she rolls over and gets away (he let her go, no escalation)
NOTE: They were both crouching down, why stand-up then pick her up when if you are a wrestler the simple thing to do is an immediate take-down, pushing her backwards to the floor)
5. According to JA, in the bathroom TA did not threaten to kill or harm her at this point.
NOTE: If he was so angry why did he stop? To her own account the wind was knocked out of her, he could have:
• continued slamming her,
• jumped on top of her, pinned her to the ground
• beat her with his hands
• used the camera as a weapon....
6. She runs into the closet, and immediately grabs the gun.
NOTE: does not choose to run outside, grab a shoe or hanger to throw, goes right for the gun and does not even know if he is behind her, interesting choice when you don’t even know if there is a threat, and you don’t think the gun is loaded)
7. Continues into the bathroom, aims the gun.
8. He lunges, gun goes off, she says she has no choice
NOTE: She also has said, didn't think gun was loaded, and did not intend to shoot, ALV made no statement of 'gun just going off' said she shot
9. NOW he threatens to kill her.
NOTE: now would have been a good time to call 911; instead her choice was a knife. I wonder if there was a phone next to the knife on the bedstand. Was she not intending to stab him, or now is when that Self-Defense part comes in?
10. Everything is now foggy….. (except at one point she was holding a knife screaming, and that it appears to have been on the bed stand the whole time)
NOTE: Possible that TA never even left the bathroom, or was heading into the closet to get dressed; he was naked. Lunging? Could he have been trying to protect himself? Lunge also a male instinct when your parts are out, and a gun is aimed at you
I see many pts where TA was much more vulnerable, and balance of power was in JA favor. I hope the jury clearly understands that you don't have to have a good plan, just have to know ahead of time that you want to kill the person. The time needed for reflection is not necessarily prolonged, and the space of time between the intent or knowledge to kill and the act of killing may be very short..... Some don't even care if they are caught, and might enjoy telling a few good stories along the way to include as part of their manefesto...
