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We had a case in Uniontown, PA, a few years back, just a few days before Christmas. State Police were chasing a 12 year old kid. Two cops with guns drawn. The kid jumped a fence and so did the cops. One of the cops guns discharged when he jumped the fence and his partner thought the UNARMED child was shooting at him. He shot the UNARMED kid in the back and killed him. The internal investigation cleared the cop of SHOOTING AN UNARMED 12 YEAR OLD KID IN THE BACK AND KILLING HIM. The kid's crime? Joyriding. The penalty? Death. A civil suit is underway. The cops punishment? Reassigned to another part of the state.

What does that have to do with this case? Someone points what looks like a firearm at you, It's not reasonable that you should be required to wait and see if a real round hits you.