My non lawyer opinion (so JMO) is that a crime of opportunity and premeditation aren't mutually exclusive. My understanding is that legally premeditation can occur in minutes. IOW once Horner saw a victim - and made the decision to abduct her - it became a premeditated act. And certainly he made a choice to murder her and probably to assault her so there's no getting around a planned crime, even if it only formed at the moment he decided to take Athena.
I also think (IMO) that even though he confessed we'll still see a "not guilty" plea at his arraignment. Good news is that it won't help him. I think we're going to see a DP conviction. All Moo.
To add:
Deliberation and premeditation mean that the prosecutor must show that the defendant developed the conscious intent to kill before committing the murder. This is a low threshold and does not require showing that the defendant created an extensive plan before he committed the act (although that might sometimes be the case). Rather, deliberation and premeditation require only that the defendant paused, for at least a few moments, to consider his actions, during which time a reasonable person would have had time to second guess such actions.
What is first-degree murder? An in-depth discussion of premeditated murder, murder with special circumstances, and punishments and defenses.
www.justia.com