The police version has Colorado initiating the argument by cutting in line and then pepper-spraying Benn. But, it also has Benn drawing first and advancing on Colorado, which would undermine the self defense argument. Benn says he drew after Colorado started to go for his gun.
No disrespect intended to the police, but they may be erring on the side of arrest because the initial info is that Colorado had some minor law enforcement association.
That's a matter of opinion. If he was blinded by pepper spray and in fear of further assault (and why wouldn't he be?), he may have advanced to make sure he hit Colorado, and not a bystander.
“The police version has Colorado initiating the argument by cutting in line and then pepper-spraying Benn. But, it also has Benn drawing first and advancing on Colorado, which would undermine the self defense argument. Benn says he drew after Colorado started to go for his gun.”
I don’t know about Virgina, but here in Texas, it’s probably not a good idea to shoot pepper spray at someone carrying, since he can probably make a strong case for self defense, after being hit.