Why should he be ? Isn't he within his rights to shoot a fleeing felon, as established by the SCOTUS case > Tennessee vs. Garner ?2nd Degree implies malice aforethought as well. Just not planned. IIRC the difference is the planning part. Both imply malice, both imply pre-meditation, the First degree means there was planning. That's where the planting of the weapon comes in.
Either way the cop should go down for life.
Second Degree Murder is typically defined as followed:
1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"; or
2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. -
See more at: Second Degree Murder Overview - FindLaw
Though we're arguing the color of deck chairs on the titanic with this case. We both agree this cop is fucked. And should be.
Fleeing felon rule - Wikipedia the free encyclopedia
He's not a fleeing felon. He had a warrant, that's all. Fleeing felon laws pertain to those who have been convicted. And even there you're going to have a hard time convincing a jury that it was proper to kill a fleeing tax evader.