toy. so fact that a gun was used and his client -- luna shot this guy, really shows that was his intent. you remember, intelligent can be formed in -- intent can be formed in an instant. doesn't have to be preplanned. that seems to be what the facts show here. jon: one of his cohorts that night has already pleaded guilty to second-degree murder, brian. can that be used against chancy in his trial? >> no, it can't be used against him in the trial, but i i think what you argue for the 17-year-old here is his age. he is 17 years old. he's still technically a juvenile under the law. and kids will be kids, he's engaging in horseplay. i'm not condoning the horseplay but i think this is a tough one for the jury, jon, because they've got to weigh do i put away a 17-year-old kid for the rest of his life, not giving him a chance to rehabilitate himself -- jon: he pointed a gun at another human being and pulled the trigger for fun, bruin?