Going just by the tape and nothing else, it doesn't appear that the guy with the pistol did anything to merit being shot other then just having possession of a gun, which can be argued in court. The guy with the Draco appeared to say something first as he was walking out, and the guy with the pistol-- even though he was brandishing a firearm-- his demeanor can be argued as non-confrontational. The gun was pointed at the ground and he was talking to him and pointing at the store. I know we can all relate to the guy on the self defense side of things but if the guy with the Draco fired immediately who knows what happens in court at that point. Again, I feel like from a scenario standpoint, the set up for self-defense was better, if only the guy was able to hit him as he was running away.