No, he was the one AFTER the skate board attacker got one to his chest and took a few steps and dropped.
The skateboard guy got shot when he grabbed kyles gun, pointing it at his own chest
2) In fact, Kyle spoke to him when the former asked him "what happened" as Kyle was running away from his initial attackers...reflexively yelling"I just killed a guy!!"
3) Not knowing if Kyle was a protester himself it didn't register to him that he was protecting property from destruction against the mob.
THAT is why he didn't shoot Kyle but continued to follow him, watching Kyle getting attacked by the skateboard platoon...he STILL didn't know for sure if Kyle as a good guy or bad guy.
4) The reason he continued to hold on to the pistol after being shot is because his hand no longer worked. He would have had to drop his phone in his left hand and use that to take the handgun from his hand.