I agree that there’s plenty of blame to be spread around. The orange tip should *never* have been removed from that BB gun.
However, does that mean that it IS okay to yell “Drop the gun!” and then just start firing at someone with a *real* gun? I believe that open carry is illegal in CA. But should it be worth an immediate death sentence? That seems extreme.
Remind me to paint the flash suppressor on my MAC 90 blaze orange...