I think there is certainly room to argue that the fact he walked away from the robber on the floor does not necessarily mean he was not afraid of the robber, nor that it was "personal" -- and if he wasn't afraid, so what? He also may have just screwed up tactically.LaserTex wrote:In the video, he was not afraid of the robber when he walked back in, turned his BACK to him, walked to get another gun, came back and shot him. The ORIGINAL shot was justified; then it got personal.
Doug
The key question is not whether he was afraid, it is did he have reasonable belief that the robber on the floor still presented an immediate threat of death or injury? --- and the robber is off camera. If he walked past the robber twice and the robber was still, he could very well have thought the robber was down for the count. If he then observed the robber moving -- e.g. trying to get up -- then he has to evaluate what is the robber going to do next? This was not a case of some kid trying to shoplift some cookies -- the pharmacist was threatened with deadly force -- was it reasonble to conclude that the robber on the floor had really given up the fight? The video and the details in the article above do not show that the downed robber had threatened the pharmacist again -- but neither do they show he did not.
Will provide for an interesting case to follow.