Okay, let's assume you're right. Let's say Davila had a gun on his person. It doesn't matter. He was shot while running away. You can't shoot people when they're running away *UNLESS* you have reason to believe that they're an imminent threat to you or others.
Allow me to give you two examples: LEO tussles with a bad guy, who draws a gun, pops a round or two at the LEO, then runs away, gun in hand, toward an innocent bystander. The LEO shoots him in the back. GOOD SHOOT, because the LEO has reason to believe that the bad guy is an imminent threat to the safety of the civilian.
Same LEO, tussling with same bad guy. Bad guy *doesn't* draw the gun, but turns and runs toward the same innocent bystander, but without the gun drawn. LEO shoots him in the back. BAD SHOOT, because the LEO had no reason to assume that the bystander was in danger of serious bodily injury or death.
It's really that simple.
Here is another take on this story....One that I had heard before... http://www.newswithviews.com/Ryter/jon155.htm
Here is another take on this story....One that I had heard before... http://www.newswithviews.com/Ryter/jon155.htm
You know not so long ago in our great land filling a fleeing perps sitter many times by a farmer catching chicken thieves etc {not their back most accounts state the man was shot in the butt} with buckshot was called teaching them a lesson and most judges would ask the perp what they learned from it.