if it looked like an auto accident (distracted driver, brake pressed) and smelled like an accident (witnesses who talked to him not suspecting)
it SHOULD BE nearly impossible to prove otherwise, except with clear indication of pre-meditation*
of pre-medication we saw NO NEWS COVERAGE AT ALL except a weak Day 9 government allowed itself in prosecution favoring itself**
* not a 3 month Old post as a reaction to someone else's post. also i think those posts were done by others after similar incidents years ago (bad joke after terrorism meme) - i do believe there's evidence his post was not particularly unique. not clear evidence of a plan.
** usa has taken the policy of favoring prosecution to speak first, last, and other perks in trial: such as showing the defendant in prison apparel to jury
In USA, whether or Not USA only: the standard is "beyond a reasonable doubt"
if that were not the standard we could convict every Judge and Politician of murder
James is probably a political prisoner (and prisoner of insurers not wishing to $$pay), as far as I can yet see