That actually is not correct. There is a video showing a guy swatting the car with a bat just before he accelerated.
That doesn’t mean that had anything to do with his actions. But I think it will at least be presented as part of a defense.
It would certainly go to any question of premeditation.
Whether an action was or was not premeditated, is a serious question in any homicide case.
But the video also clearly shows people running to get out of the way before someone strikes the vehicle with what appears to be a bat.