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Tough call. Legally, he MAY skate...morally/ehtically, again, HE put himself in the situation of being forced (or actually wanting) to kill.
His mistake? Not waiting for the cops to arrive...
Cower, cover, cell phone....
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I strongly disagree with Alaska here even if he did make some initial mistakes people aren't perfect and the bottom line is the SOB should not have been breaking into the gas station anyway. Whatever happened to the bad guy being wrong,
he brought his own death on himself by breaking into a store and making a threatening movement towards and armed man! That is the reality of the situation. Also when the owner left to check out what was going on at the store he probably thought the guy was going to be gone by the time he arrived anyway, I'm sure he wasn't looking for some vigilante justice, he probably just wanted to be there to talk to the cops.