Exactly the same thing with Steve Baca in the June shooting in Albuquerque. He had been chased by the antifa mob down the street, tackled and knocked down (his "crime" was tangling and knocking down a female "protester" who was blocking his attempt to prevent their tearing down a statute of a Spanish conqueror). The guy shot made the mistake of hitting Baca with the skateboard (or as the Soros prosecutor says "trying to knock the gun out of Baca's hand").
Baca shot four times and hit his attacker in the back (he survived). The local armed "civil militia" were on scene and surrounded Baca (now passively sitting on the ground) to protect him from the oncoming mob. The police, who had been hiding behind a building at the direction of the Dem mayor, arrived and arrested Baca and the civil militia members and confiscated their weapons. The militia members were released without charges but the Soros-elected DA showed off all their legal guns; its not clear whether they got them back. Attorneys came to Baca's defense and got him released on bond after the DA said he was to be kept locked up until trial as a danger to the community.
"The body positioning of the defendant clearing shows the intent to injure,” John Duran, the state prosecutor, said. “His intent is not to injure, his intent is to survive,” Diego Esquibel, Baca’s attorney, said.
https://www.krqe.com/news/albuquerque-metro/judge-decides-protest-shooting-case-will-go-to-trial/
The judge expressed concern that the testimony of the shot man (including his claim he was shot nine times and was only trying to knock the weapon out of Baca's hand) versus the mulitude of pictures and video showing a different story but charged Baca anyway so it will go to trial.