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After Uber driver charged, legal analyst explains first-degree murder requirements

"The amount of danger he was in, is of course, critical. If he only stood to be slightly injured, the law does not recognize the right to take a life in a moving automobile or a stationary automobile, unless you truly believe you are at great physical risk."
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The Uber driver accused of shooting and killing his passenger last week is now formally charged with first-degree murder.

The District Attorney’s office filed the charge on Thursday.

It alleges 29-year-old Michael Hancock shot and killed his passenger, 45-year-old Hyun Kim, on Interstate 25 during the early morning hours of June 1.

“First-degree murder [charges] requires that the individual shoot with the intent to kill, and that they do so after what’s called ‘deliberation,’” explained 9News legal analyst, Scott Robinson, who is not involved in this case. “What it really comes down to is having the chance to reflect, albeit briefly, before making the fatal decision to pull the trigger.”

According to a probable cause statement, a witness called 911 and reported an Uber driver, later identified as Hancock, said his rider tried to attack him and the driver shot the rider.

When police arrived on scene, detectives found 10 spent 40-caliber cartridges on the shoulder of I-25 near University Boulevard. Court documents said Hancock declined to speak to investigators on scene without an attorney. Several sections of the probable cause statement shared with 9NEWS were redacted.

A spokesman for the District Attorney’s office declined to offer more details about the first-degree murder charge on Thursday.

“The facts that have been made public don’t really scream out ‘first-degree murder’ case,” Robinson said. “Except for the fact that there were at least 10 shots fired.”

Hancock’s family has said he fired in self-defense. Robinson said there are more details to consider.

“If in fact the Uber driver was attacked by his passenger, the issue may well be not whether or not he fired in self-defense but whether he fired in self-defense how many times,” Robinson said. “And the amount of danger he was in, is of course, critical. If he only stood to be slightly injured, the law does not recognize the right to take a life in a moving automobile or a stationary automobile, unless you truly believe you are at great physical risk.”

Hancock is scheduled to appear in court on June 12.

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