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In your case it came from the fact that he was shot in the back while leaving so no longer could be considered a threat in that instance, in mine it was where the person was incapacitated and was no longer a threat at that time.
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He was no longer a threat because he was leaving, yes. At least that's what the witneses say. Even if, he was not running home to hide under his bed. There's no doubt that he would return with another gun and ''reinforcements'' one other day. Shooting him even while fleeing saved Romans life. The cops would file papers on the incident, gun would have been confiscated, no body would go in jail and when the dust settled Roman would be found dead somewhere. Self defence in a long run, crazy idea but true in this case. He was still a threat to him even while running away. Not counting his ''brothers'' will one day finish the job. While being a ''murderer'' Roman was placed in police protection and a safe jail cell. He even confesed because he knew he'll be safer inside than out.
Plus, as a bar owner he's been extorted daily by those thugs and he must have simly snapped.
Legaly he's a killer. He's doing time for it. I chose this case because it's the only one I can prove it happened, not just blab about some XY that went to jail because he killed a KM that tried to kill him first.