"A guy with a gun pursuing and shooting a guy without a gun adds up to manslaughter,"

[TheWraith]

4. First off, it's not murder one because murder one requires premeditation.

A guy planning out how to murder his business partner is murder one. Chasing somebody down who you've never met before, it's basically impossible to prove that there is pre-planned intent to kill them.

Second, the charges will likely be either manslaughter or murder two depending on what the prosecutor thinks they can nail. Murder two is certainly possible, but there's no telling whether the prosecutor will pass up the slightly higher charge in favor of the one that's basically a lock to prove. A 100% chance of conviction for manslaughter may outweigh an 80% chance of a conviction for murder two, particularly if your point is to prove that the justice system works--the last thing you want is for the guy to go loose because you charged higher than you could prove beyond a reasonable doubt.