Too many involved in assessing the scene after the fact don’t consider the fact that folks trained properly in the use of arms don’t necessarily shoot to kill. You want to stop the threat. And we know that doesn’t mean shooting the gun out of their hands. Then again, in the moment, someone may be firing faster than the brain can comprehend there is no longer a threat. Especially with about 20 gallons of adrenelin(sp?) pumping through your blood stream.
“...folks trained properly in the use of arms don’t necessarily shoot to kill.”
That is what you tell the judge. In a gunfight you must intend to kill, because bullets are no guarantee of disabling injury. And if they are armed, you likely lose fast, even if they lose slow. This is one reason why I always carry a knife as a complement to a gun.