“I don't know what the conversation was, but he might have been backing up to get the perfect distance for a soccer kick to the head.”
This is one aspect I mentioned before, IF the pusher was talking shit it could *possibly* mitigate the shoot.
“Or he could have rushed the guy if he tried to get up off the ground.”
But he didn’t rush the guy. You don’t get to attack people for shit that they *could* do. If that were the case you could shoot a guy walking toward you on the street because he *could* push you off the curb into oncoming traffic.
I know what you’re trying to say but the bottom line with self defense is that your fear has to be based on facts. The fact is he was *backing up when he was shot*. You can’t start an attack when your backing away from someone.
If this case goes to a jury trial, the only way the shooter is getting off is if he can convince the jury that he perceived that the attack was on going. That is going to be exceedingly difficult based on that video.