He had the requisite intent, and means motive and opportunity. I think they covered this one on law and order one time, and they mad the analogy of shooting a man as he was falling out of a window at 45 stories. They said it was an "old law school" quiz. I dont rememer what they said on the show the answer was, but its also TV, too.
As long as you dont go posting collateral estoppel questions, we OK.