I wouldn’t shoot .38 birdshot at anyone, and in your position I would change it.
1) You have a Crimson Trace or something similar, plus you undoubtedly practice. You ARE going to hit the center-of-mass target on the first shot.
2) Birdshot can kill or blind someone (though not the latter with a COM shot), but it is more likely to just wound them...and piss them off. Especially if the person is on some serious drugs, that won’t come close to stopping them, but will actually cause you more danger.
Re-evaluate. If you come to the same conclusion, fine. But at least consider the above facts first...we want you around for a long while.
“I wouldn’t shoot .38 birdshot at anyone, and in your position I would change it.”
The birdshot is to make sure something hits him immediately and slows him down, likely blinding him forever, and will be quickly followed by hollow points.