Oh....certainly? The conditions I described and you repeated, dont put the DA or the jury in a position to decide anything with any more certainty than the information provided by the victim. The victim is under no obligation to assert the armed threat ended with 2 shots to the leg. Your Honor, the gun was in his hand, not between his legs. Your theory works great...in the absence of forensic evidence, other witnesses, or surveillance cameras.
You can “if” this to death.
As long as there is no clear evidence that the threat was stopped, and I then went over a planted a kill shot, I can shoot until my gun is empty.