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I voted MS even though my gut tells me it was DM and the Gunpowder residue certainly looks as though the shot came from the drivers seat.
Very little to go on , only guesses , but it has always been clear DM is a planner and he likes to get others to do the dirty work. I think MS did it from the rear seat but he slid over behind DM so he could snake his arm around to aim at TB ... and likely missed at least one shot , thus the broken window and more bleeding wounds than expected. DM is good with equipment and most likely would not have missed.
I read all the jailhouse letters again (that's a lot of reading) .... and it is obvious when DM is fabricating a fictional defense , but there are times he complains about cleaning up Marks mess as though it is a foregone conclusion that Mark did the shooting.... it would be different if DM was trying to create fiction to deny he did the shooting and make it look like MS did it ..... but no , the thing DM is most concerned about is he was the "at home planner" (his words) and he would get life in jail .
Summary .... I think DM planned the whole thing but got MS to pull the trigger. DM's biggest fear was that the witnesses would testify he was the planner , not the shooter.
I realize I am reading between the lines of DM's letters , I realize the letters are full of bull and he is using CN to help him change witness testimony , but it is never about the shooting , only about the planning.
On the other hand if DM only had MS along to drive the Yukon home I would think MS would take the stand and plead guilty as a manipulated druggie minion and not a murderer.
Today in court we may see whether that happens or not.
I think the biggest piece of evidence with regard to this question has been overlooked by everyone. The gun went home with Millard, not Smich. If in fact Smich had shot TB, why on earth would DM insist on taking his gun home?