You or I would not be cut a break for shooting this person accidentally. Neither should someone else, magic blue suit notwithstanding.
If you or I were shooting to defend ourselves or others in a situation like this and a bystander was shot the criminal, if he lived, would be charged with murder by his actions. If the criminal is a threat to me and others around me I will pump rounds until he doesn’t move. I’ll take the chance with a grand jury and jury rather than take a chance on being killed in the split second it would take to think about it.
Again, pack your bias (magic blue suit) and take it elsewhere.