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Case in point, man was being robbed in his car at an ATM, the robber had a weapon--got the money and began to flee when the man in the car shot at him--missing the robber and hitting(killing) an 8yr old girl in the back seat of a car some distance away. Man's in deep ----. Even at that point when the robber had a weapon, he was fleeing and the man who shot was no longer in danger for his life--he would have been in trouble for just firing his weapon as the man fled, but now his life is over criminally and civil.
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This is a very different situation. You must NEVER shoot at a fleeing criminal. Only the police get to do that, and only under very specific circumstances.
You do not have a duty to apprehend a criminal, you only have a right to use deadly force when faced with an imminent, unavoidable, reasonable fear of great bodily harm, death, or forcible felony.
When the robber was driving away, the threat of force was not imminent or unavoidable. The crime victim in this case waited too long to draw his gun.