Personally I think he's good in the last shot. You have no idea if this fellas high on crack or something and still has another weapon or something (If I was him I'd say he was reaching for something). But I'm not a lawyer who wrangles words, I'm just some retard on the internet.
Plus, I can see someone on adrenaline plugging a few extra holes if they aren't well trained.
Fuck around and find out. If I was this fella I'd be hightailing it the fuck out of Houston and surrounding counties, if not the state.
Also check Branca's twitter. He's fighting twitter lawyers again and it's hilarious.