You are assuming that "drug deal gone bad" is referring to Olivares and that his shooting response was not premeditated.

But enough details are not presented in the story.  If they are referring to the drug deal going bad for Elligan because Olivares came planning to rob or kill, then pre-meditation could have been part of it.  Further details are also not evident from following the Tribune link.

It is interesting that you automatically assume that Olivares received a raw deal on the Attempted Murder charge.
I did a little more research and found this old article:

"The man was trying to get away from Jimmy "Bam Bam" Olivares, a well-konwn gang member in Greeley with a lengthy rap sheet, including assault, domestic violence and multiple drug offenses. And on the night in question, Olivares was on a mission to kill during a drug deal gone wrong."

https://www.weldda.com/news_room/news_releases/attempted_murderer_to_be_released_12_years_early/

That puts a different spin on it, huh?