From what I have read, I think the shooter crossed the line and was essentially stalking the guy and most likely escalated it. The victim may have thought the shooter was going to mug him and made a preemtive attack. I wouldn’t blame the kid for that.
This eyewitness report has been left out of every news story. This shows that the confrontation escalated into a full blown fight. It wasn’t just a vigilante walking up and shooting the kid.
Witness who called 911...
“The guy on the bottom, who had a red sweater on, was yelling to me, ‘Help! Help!’ and I told him to stop, and I was calling 911,” said the witness, who asked to be identified only by his first name, John.
John said he locked his patio door, ran upstairs and heard at least one gun shot.
“And then, when I got upstairs and looked down, the guy who was on the top beating up the other guy, was the one laying in the grass, and I believe he was dead at that point.”
TY. It does raise the issue whether you can cause an unjustified fight, then find yourself on the bottom of the pile, and be justified to shoot your victim turned assailant.
I’m thinking that IF the shooter started the fight, shooting the victim because he gets the upper hand would be a continuation of the initial assault.
It’s much less clear if you merely confront the victim, he proceeds to whomp your butt, and in the middle of that fight you use your gun.
No matter what the appropriate charge, it certainly seems the shooter brought on a tragedy by being overly aggressive and ignoring police instructions.