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I have seen this play out in the courts before in the Greater Cleveland, Ohio suburbs before. We do have Castle Doctrine. In one well publicized case the home owner pursued a retreating home invasion suspect. The homeowner was in his yard when he shot and killed the suspect a full backyard next door. When the suspect was retreating, literally running away you can't just open fire. While dead bad guys is a nice thought you can't just shoot them as they are fleeing, that is the law. The homeowner was charged and convicted but I can't recall if it was manslaughter or murder.
In this case the only redemption I see for D1 is he was shot at and apparently a jury felt his returning fire at the fleeing suspect(s) was justified. There may have been other circumstances we simply don't know as the relationships are just strange.
Ron
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