Generally, someone in the commission of a felony takes responsibility and liability for crimes and torts committed in the act of that felony. So if someone attacks you, you defend yourself, and then someone is killed while you are defending yourself; the person who attacked you is generally responsible.
Specifically I do not know the specifics of the circumstances you are wondering about so I can't say.
I think this is more a question for legal than T&T.
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Thus a man should endeavor to reach this high place of courage with all his heart, and, so trying, never be backward in war.
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