i didnt either. in fact, although he was moving quickly and erratically, he wasnt really moving in a way that felt threatening at all. of course he is big, she is a woman and its close quarters, but it didnt come off from viewing it as overly threatening. and i certainly never saw him go for the gun (as if he knew where it was). you can see the curtains on the window fly out (meaning he just went out the window) well before she went for that gun.
not a lawyer, but is it double jeopardy to charge with 2nd degree murder if you fail to prosecute on 1st? and who would go for first anyway? that is pretty cut and dry 2nd degree murder