The one and only one way I could see the charge as legitimate is if he stole the gun, hunted the criminal down, and shot him after he surrendered.
That's basically it. The fact that the victim was shot in the entangled gunfight means that it is 100% legitimate for him to have understood that it was a life-or-death situation.
You are expecting sanity from a man/department who seek to punish anyone who has a gun defending themselves. NYC PTB hate any sense of defiance to their assumed authority, including defending oneself.
The one and only one way I could see the charge as legitimate is if he stole the gun, hunted the criminal down, and shot him after he surrendered.
That's basically it. The fact that the victim was shot in the entangled gunfight means that it is 100% legitimate for him to have understood that it was a life-or-death situation.
You are expecting sanity from a man/department who seek to punish anyone who has a gun defending themselves. NYC PTB hate any sense of defiance to their assumed authority, including defending oneself.