That is actually un-true and there are cases to prove such. But, that un-armed man has to be considerably larger than you and menacing you to a degree you believe him when he says "I'm going to kill you". My wife and I belong to an organization that covers you in legal battles should we ever be involved in a shooting. Part of the requisite is attending their seminars and being carefully instructed on our state laws. Very eye opening some of the scenarios the lawyers put forth that were clean shoots. This one, however, I agree was a bad shoot. For some of the same reasons you and others have noted.
Don’t give me the stink eye...I’ll get scared and shoot you
I’m afraid you know.
For my life and all