doesn’t first degree indicate premeditation???how does one plan to murder a home invader??
When the home invader is leaning against a wall, wounded, bleeding, incapacitated and in need of an ambulance, but instead of calling 911, the homeowner thinks about it, goes into the other room for another gun, then returns, puts the gun to the head of the helpless person and blows her brains out.
That's how -- it's called Murder 1.