My indictment currently reads:

INTENTIONALLY AND KNOWINGLY commit or attempt to commit an act clearly dangerous to human life, to-wit: discharging a firearm at or in the direction of a habitation, that caused the death of victim, and the defendant was then and there in the course of INTENTIONALLY AND KNOWINGLY committing a felony, to-wit: deadly conduct, and said death of victim was caused while the defendant was in the course of and in furtherance of the commission or attempt of said felony.

My question is, should the second mens rea be abandoned since deadly conduct requires only that the offense be committed knowingly or recklessly? I believe that the case law establishing that both felony DWI and deadly conduct can be the underlying felonies to felony murder would establish that the second mens rea is unnecessary. However, I would appreciate any opinions.