Depraved heart, aka depraved indifference is probably too mild here. Depraved indifference applies to situations in which the object is not murder, and may not even be gross bodily harm. It’s a matter of not caring that your actions have the predictable potential to end a life, such as firing into a busy club.

In this case there’s a clear case of premeditation and targeting of an individual, which is genuinely different from the depraved heart statute. At the same time however, it’s going to be hard to prove intent without relying on something like the statute in question. This really does feel more like murder one, albeit with a very unreliable weapon.