Quite an understatement. I've been to the ditch. He planned on getting past Compean from the get-go. No one enters that smell pit to surrender to someone on the other side while jumping across like a bullet. No one had a chance to assure that he was unarmed. It was a continuous run from the traffic light until the bullet in the ass. The path of the bullet across his buttocks indicated he was turned when he was hit. It went from the lower left side of the left buttcheek across to the middle of the pelvis where it shattered, the main piece continued into the right thigh. Davila was not running across the view of Ramos to any appreciable extent. The testimony does not indicate that. Plus an already spectacular single shot from a handgun would have been Annie Oakley quality.
Don't take that personally, but the issues you present have been litigated, and decided.