1. He swung, and was shot as the swing missed, and he spun on follow through?
2. He was standing sideways, and performing a martial arts attack?
3. Fish jumped or otherwise moved away from a blow & shot, hitting him in the side?
I'm sure a few other scenarios could be constructed for the guy to be attacking, and still be hit in the side.
Don't these constitute reasonable doubt as to the theory the guy was "no threat" and was shot from the side in a fit of pique? Stupid jury!
Harold Fish killed a man in cold blood who was unarmed. He used hollow bullets and shot him three times in the chest. he was convicted for second degree murder to ten years but should have been convicted for first degree murder and convicted to 22 years or the death penalty.
He was self rightous, never apologized and is a killer. Nobody wants a man like that teaching our children. He should have received a fair trial in which he would have been found guilty murdering an unarmed man with hollow bullets. Why would anybody want to defend a killer?