Unless you are saying Okey’s are as dumb as hammers, you can tell by the actions of the pharmacist as to whether or not he thought he was in danger.
He didn’t hurry to get that second gun.
He didn’t keep an eye on the downed thug, as he went to get his second gun.
He casually walked back with the second gun and stood over the perp and shot him at near blank range.
None of these actions would be done by anybody who thought they were in the slightest amount of danger.
Therefore, from the pharmacist’s own actions, he didn’t think he was in danger. Therefore, he wasn’t in danger when he killed the prone thug at point-blank range, therefore it was murder.
In my opinion, to the second degree.
Complete non-sequitur. There is no way for him to tell if the perp was able to regain his composure, pull out a gun, and kill the pharmacist. Whether or not he was running around frantically while waiving his arms in the air has no relevance. Like I said earlier, you people would have given Bernie Goetz the chair.