In my class I was taught that women, the elderly or the disabled have a much lower standard to meet that than a younger more able bodied male.
Exactly, and someone named Moose might have a harder time explaing having to use a firearm vs an unarmed person. Could he have handled the man without a gun. What would he have done in not CCW? I don't know how big Moose is but I haven't known many who were small---another factor for a jury.