Peterson is not guilty of first degree murder

Peterson should not get the death penalty, the reason is simple: he is not guilty of FIRST degree murder. I think he probably got mad because she confronted him about the affair with Amber and then he probably pushed her or she fell down after a struggle. At that moment, he had two choices: (a) call the police and take the charge (maybe assault with a deadly weapon, a serious felony, and strike under California Law under most circumstances), or (b) he could do something stupid and cover it up/finish her off. It makes no sense that he deliberately premeditated to kill his child, even though he may have wanted to get rid of her. If this is true, then he is guilty of at second degree murder, which is 25-to-life (25 to life) under California law.