The second shooter should have been arrested and charged with unlawful discharge of a firearm, if not reckless endangerment or attempted murder. He shot at a car (with people near it) in which the driver presented no immediate danger to him. The second shooter can't just start shooting at the driver because that driver was shooting his gun, unless he knew the driver was shooting innocent people who presented no imminent threat to the driver (which was NOT the case).
Yep.