That's not what happened.
The assault suspect was backing up slightly prior to the suspect producing a gun. After the assault victim pulls the gun, the assault suspect continues backing up, in fact the assault suspect was probably 8-10 feet away when the white assault victim shoots.
He probably should have backed up before the gun was pulled, but instead he charged forward and assaulted someone, thus he is now deceased.
Whatever happens or does not happen to the old man at this point doesn’t matter at all to the one who initiated the assault.
He gave up his life over a parking spot.
Pick the hill you want to die on, as they say.
“The assault suspect was backing up slightly prior to the suspect producing a gun.”
Looks to me that he backed up when he saw the gun, not before.
Here’s what I see:
Guy 1 shoved guy 2 to the ground.
Guy 1 took 2 small steps toward guy 2 and stopped.
Guy 1 put his hands at his waste and lifted his shirt.
Guy 2 drew his gun.
Guy 2 took 3 steps back as guy 2 shot him.
Here is the video marked to the event:
https://youtu.be/-EwnQW3tUpc?t=72
The gun is not clear in the video, but you can tell a lot about the timing by the reaction of a third man in the video that blocks our view momentarily. He is casually walking toward the scene and then suddenly darts to the side, clearly indicating he was reacting to seeing the gun being drawn. It is at the same moment that guy 1 stops and begins backing up.
I’m not saying it was a clean shooting. But I am saying it is not clearly a case where the shooter was merely retaliating. Guy 1 was the one who turned the argument physical. We can’t tell from the video alone whether him shoving the guy was legally justified. Was guy 2 screaming in a threatening manner? Was guy 2 making verbal threats, such as “I’ll shoot you”?
I can sympathize with guy 1 wanting to get physical with a guy harassing his girlfriend / wife / baby-mama over her parking choice, but it may not be legally defensible. The guy drawing and using his weapon is questionable but also possibly legal.
You have to consider the timeframe. From the perspective of guy 2, guy 1 walks up and becomes physically violent. Guy 2 is larger, he advances (though only slightly) after the assault, and his hand movements, though in retrospect probably signal he was going to causally stand there and let guy 2 walk away, could also have been interpreted as reaching for something.
Because the time in which guy 2 draws and discharges his weapon is so small, I’d be inclined to think it was not merely retaliation for being shoved. Guy 1 escalated a verbal dispute, and guy 2 might reasonably perceive a threat of lethal force. If there had been a second or two between drawing and firing, for example, with guy 1 actually fleeing, then I’d say it was clear cut murder. In this case, it is not clear cut. Not saying it was a clean shooting though.
There is also a history with guy 2 from what the man who works at the store said. If guy 2 has a history of threatening and trying to stir up a fight, while being armed, it might indicate an intent to use a confrontation such as this one as a pretext for murder.