Does "heat of the moment" apply?
I doubt if it would for the pharmacist.
Look at the recent video of the older man in that Florida Internet Cafe,,,
He started firing and kept firing after the bad guy(s) turned and fled.
There was never a pause in the action,,,
He started firing when they were facing him,,,
And kept on firing until they were out of the door.
I as a reasonable person see nothing wrong with that,,,
He was acting in the heat of the moment.
People under attack shouldn't be expected to walk such a fine line,,,
As knowing the exact second that they should stop firing.
Now the pharmacist scenario is a different thing,,,
He was past the heat of the moment,,,
He should not have fired.
Kind of like the pharmacist in Oklahoma,,,
The immediate threat had passed yet he fired again,,,
In one way it pained me to see him convicted of 1st degree murder,,,
But the initial threat was over and he clearly was not in harms way any more.
My take on this might be a bit provincial,,,
But if I am pulling my gun on an armed assailant,,,
I'm going to keep shooting until he's down or absolutely fleeing.
If he has simply turned his back to me for a moment,,,
How am I to know if he's disengaging or seeking cover to fire at me from?
Judging when to stop firing seems as difficult as when to start firing.