Story says Abbott ran toward Wal-Mart and THEN Canul shot him. That is why he is faces charges, I guess.
I don't think you and I are reading the same story.
I believe that the law should provide considerable leniency in interpretation in favor of the victim. Meaning, if the perp threatens the victim's life, and loses his own in the process, there are very few possibilities for a murder charge.
I'm not excessively heinous here; if the victim draws the gun on the perp, and the perp raises his hands on gets on the ground, and the victim shoots him just because he's pissed, and the terror of the moment has passed, then this is murder. But if the shot happens in the heat of battle, even the the perp had pulled away, then murder is NOT justified.
Whatever the case, WV now has one fewer scumbag running around the streets.