During combat operations. Even with a restrictive ROE if he believed that inaction would put fellow soldiers or civilians in imminent risk of death then he would be justified.
What I’d like to know in all these wretched cases is who the hell is snitching and making murder allegations from the fog of war? It’s almost like there are Obama lawyers embedded with the troops whose sole job is to nit pick and conjure up prosecutions. Army leadership allows this? Who the hell would join anymore?