Uh, no. You shoot, he’s got something like an 80% chance of surviving. If your mindset is “shoot to kill” you’ll be dismayed he’s not in the 20% bracket and proceed, on preprogrammed autopilot, to continue shooting until he is. Forensics will figure this out, and the prosecutor will have a good grounds for a murder indictment.
You make a good case for more time at the range.