I will agree with you but Orange Crush is right. That is exactly what the defense is going to focus on in defense of the shooters. It’s really is the only leg they have to stand on.
Personally I think more damaging stuff about Pretti is going to have to come out for it to be a problem. If they only have the one incident of him losing his

and kicking out a taillight, then I think that’s problematic for the defense but stranger things have happened in court. (OJ Simpson says hey.) I have my doubts a grand jury is going to buy that if they focus on the event of the murder but the defense is going to try.