It is a good idea to remember that in court, the story won't begin with the shot or other physical action. In both the trial and sentencing phases, the court will take into consideration what was said and done before that action took place. Who involved himself in a situation where he had no need or right to be? Who said what? Who used what language? Who failed to leave if/when the opportunity arose? Who had a weapon? Was the person with a weapon intent on using it? Was the person with the weapon a macho "gun crazy" looking for someone to shoot?
All of those questions, and more, will be raised in court, either criminal, civil, or both. And the "who" who had a gun and used it better have good answers.
Jim