Because attempted capital murder would be a first degree felony and the DA's office would have to prove that the suspect was attempting to kill the cop.oklaunion said:
If a law enforcement officer is responding to a call of a person getting shot and then the officer is targeted by the assailant, why is that not attempted capital murder? Just asking because I don't know the answer.
If you charge him with aggravated assault with a deadly weapon it is also a first degree felony and it is much easier to prove to a jury.
It's the same penalty for both offenses and it is much easier to prove that the suspect shot at the cop instead of proving he shot at the cop trying to kill him.