OK, I'll state the obvious. NO ONE here KNOWS exactly the nature of the perps wounds. If he was hit only on the fleshy parts of the face.....and the neck wound(s) did not involve major arteries or the spinal column....then, yes, one could certainly survive 5 such wounds.
So, all the "experts" here now jumping on the bandwagon to say that the 38 spl. is dead as a SD round.....whoa Nelly ! You guys DON'T have enough info to make that judgement - except for your OWN carry/ use purposes. Please don't make grandiose declarations without enough facts !
A 38 spl, using virtually ANY bullet, which penetrates the brain of someone in such a scenario as the one here (and they certainly CAN do so at such distances) - is a certain man stopper and more often than not, a killing round.
I can only assume that the perp, in this circumstance, was not hit in the brain.