fishing in his pockets? I'm trying to envision a scenario where, I have a weapon on me, and i'm searching for it like i'm trying to locate a tube of chapstick. I doubt it would take me more than two seconds to pull a pistol if that was my intention. I dont buy the shooter's story for a minute.
Lots of scumbags don't carry in nice holsters, pager pals, "Thunderwear" or the like. They carry in their pockets, and the gun may well hang up if one attempts to draw it under pressure.