I will discuss only hypothetically, because I think one would have to be there know what happened. But generally, it seems that if A aggressively approaches B and says something similar to "will kill you", and C pulls out a legally carried pistol and shoots A, it might be hard to charge C with anything. Without a pistol, there is a charge, I suppose because pulling a trigger is a one-time decision while holding a person is several decisions over time, each with different factors. Do you see more in it than that?