Quote:
Originally Posted by Pairadocs
Yes, I agree that would/will/could be the "hinge" on this one, emptying the weapon as "excessive" use of a stopping measure ? Can a reaction to fear from having just faced the threat of death, result in an emotional response like that ? You hear of situations like that in combat, when and individual, faced with instant death, reacts with "over kill". Frankly I don't know how any of us knows for sure how we would react. Again, I go back to an individual making a decision to threaten others at gun point, is taking a huge risk.
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Yes, bringing a fake gun to a gun fight is not a good idea. But, even when the robber was lying on the ground, I think the shooter had every right to believe that the robber had a loaded gun and was still a threat.