Nope. Notice that the person with the shotgun had to pump it before firing. Pumping before firing shows clear premeditation. Im not sure what the local laws were, but most premeditation laws allow for that premeditation to be instant. Also, I think it would be easy to argue that persons who are in fear for their lives dont bring their gun out without one in the chamber. Next, one might argue that inexperienced gun owners might carry without a round chambered, but given a short barreled shotgun is an NFA item, and NFA tax stamps take 4-6 months, background checks, and paperwork to obtain; its going to be hard to argue the inexperienced part. Finally, if he didnt have a tax stamp for the short barreled shotgun, he killled someone while in the commission of a felony. Guy is kind of f'd three ways I think.