[SargeK]

Under UCR it remains a homicide. The 'victim' died as a result of force intended or calculated to cause death or serious bodily injury. That said force was justifiable in its application due to the 'victim' manifesting the intent to commit criminal homicide provides an affirmative defense which was taken into account in the prosecutor's decision.

Yes I quibble, but using the term 'victim' (and he may have been using "air scare quotes" when he was speaking) is not in itself proof of mental deficiency.

I also don't think it was inordinate to take a week to reach the prosecutorial decision. Collecting and analyzing the forensic evidence, interviewing the survivors, checking for surveillance footage, canvassing for witnesses, investigating the background and prior history - heck this was lightning speed.

Even the good DA's around here would screw around with this for 18 months. The bad ones (yeah I mean you Zappala) would charge murder and take you to trial and make you convince a jury that you were justified.

[piytar]

Well said.