http://krmg.com/blogs/the_krmg_morning_news_blog/2009/05/video-okc-pharmacist-shoots-ki.html
I would suggest you two take a very good look at the explained video from the two angles that are presented. As an added reminder, no one is disputing the first initial shot from the revolver.
Nowhere in the video does it show the robber on the floor. The burden of proof is on the state to demonstrate that he wasn’t a threat, not on the druggist. In the heat of the moment even a normally rational person could assume the perp to be a threat if he was indeed moving at all. The perp being unconcous is pure speculation from a DA and media that has already got this man convicted in their minds.
Also, the druggist had no way to know if the perp was armed or not. A reasonable person would assume (almost always correctly) that all participants in an armed robbery would be armed.