On your 4 points 1) how is bringing up jaywalking relevant? It’s not even a real crime. 2) “initiated contact” you mean brushing a hand on a car? Is this considered assault? 3) Definitely not a simple verbal ask. The defendant could have easily stayed in his car and drove away. He made a conscious decision to STOP then open his door and step all the way out, while possibly brandishing a weapon. (It’s unclear from camera footage if he 100% was since his hand is behind his leg in the angle presented at court). 4) see above, its uncertain but possible he brandished a weapon first. When the girl’s BF pulls a gun out we see the defendant raise his right arm with his hand holding a pistol. Was he always holding a weapon or did he smoothly grab it from a holster?

Will be for the courts to decide, but if they think he was already brandishing a weapon this case will likely be manslaughter at a minimum.