Correct. That could be argued but it doesn't matter. In my uneducated opinion all his defense should focus on is that he was simply driving his vehicle, was surrounded and attacked, and panicked, fearing for his life.
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Legally speaking, regardless of his political ideology, there's a real threat that he could be let go with a minimal sentence. If I'm a DA, I'm not risking that and I'll do what I need to in order to win points. Having him plead guilty is a win/win
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