$($ii$-$a$)$ the intended victim was a firefighter, emergency medical technician, ambulance driver, paramedic, physician or registered nurse involved in a first response team, or any other individual who, in the course of official duties, performs emergency response activities and was engaged in such activities at the time of killing and the defendant knew or reasonably should have known that the intended victim was such firefighter, emergency medical technician, ambulance driver, paramedic, physician or registered nurse; or

Answer the following questions:

Should this list include individuals in other professions such as educators?

Should it matter that the individuals listed in the statute be $\text{'}$in the course of official duties'? Consider a firefighter who has just saved $9$ lives from a burning building and is on his way home not in uniform and is shot and killed by a gunman who goes on a shooting spree. Should the gunman be charged with first degree murder? Why or why not?