My first thought watching this video I leaned toward it being murder as the guy pulled the gun and his attacker had stepped back but he still shot and killed him anyway. My immediate thought, that is not standing your ground because the ground had already been taken back. I mostly saw the worst offense there as a coward with a gun.
BUT, that is the perception from within my capabilities and confidence to have the situation under control with a gun in my hand.
SO, then I had to take into consideration the situation of the shooter. 47 years old, could have had health issues is why he was mad about taking handicap spot (although he was healthy enough to stand there and argue), he was violently pushed down without regard for his wellbeing, likely very shook up and in pain, could have “honestly” [key word] been afraid the attacker might jump at him still before he could shoot. So the shooter being in weakened state (attacked, scared, hurt, and feeing incapable of handling the situation safely any other way) I think justification might be made to stop any further threat.
I also considered the attacker, probably young and dumb, a bully with no respect, but he stepped out to see this guy aggressively shouting at his girlfriend, he comes up to her getting out of the car and the aggressive shooter leaning in as she does, he protects his girlfriend without thinking, overreacts, the once aggressor shooter suddenly turns into scared victim , and he also overreacts and kills him. The physical attacker certainly could of and should of handled the situation better but having to die for poor judgment?
I would still call this murder EXCEPT for the benefit of doubt that perhaps the shooter was placed into a situation that being scared and weak he could not have handled it any other way to insure his safety, might of thought the guy was still looking to do great harm to him and therein had the right to defend himself. Since I can’t know the shooter’s true abilities I can’t judge his reaction.
One thing that really gets under my skin and that I repeat from time to time is that “there is nothing more dangerous than a coward with a gun.” – IOWs, I believe people carrying guns should have a greater responsibility of having enough courage to refrain from using deadly force if possible or that they are a danger owning a gun.
It’s a sad situation, I think both were “overaggressive attackers” and “overaggressive defenders” but I feel the one with the gun had bigger responsibility to control himself being he carried deadly force. He failed to do so and it resulted in the unnecessary loss of a life.
So, all that said, my answer is “Other” - Bottom line: If I were the judge I don’t think I could justify putting the shooter in jail for murder but my goal would be to judge his true capabilities regarding his reaction and I would no qualms about taking away his right to defend himself with deadly force and maybe even giving him a little time to think about his overreaction, if I determined it was.
