In the United States, a civilian may legally use deadly force when it is considered justifiable homicide, that is to say when the civilian feels their own life, or the lives of their family or those around them are in legitimate and imminent danger. However, self-defense resulting in usage of deadly force by a civilian or civilians against an individual or individuals is often subject to examination by a court if it is unclear whether it was necessary at the point of the offense, and whether any further action on the part of the law needs to be taken. -Wikipedia
The question is whether he felt his life was threatened...
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