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In NC, if he felt in fear for his life, yes he could have used deadly force to protect himself. However, if he produced a firearm and they fled then he could not shoot them. Shooting in the back is always very hard to explain to a jury.
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So true in most states if you shoot someone fleeing and hit or kill them you are in serious doo doo . It would either be assault with a deadly weapon or murder. Always look at the laws in the state where you live.