Did he have a phone in the house to call 911 to report the situation and the time to do it??? If so then just how fearful was he really??? Why did he choose the gun instead of the phone???
Was it daytime???
Just because you say you are afraid for your life doesn't mean you are???
Was he afraid after the first shot??? How about the second shot??? Still afraid???
None of your questions mean a damn thing. The husband was drunk and on the other guys land without permission.
End of story.
Did he go from the garage into the house to get it? Apparently not.
Was there a door between the garage and the house that could be closed? Immaterial, there is "no duty to retreat".
If so -- then just how fearful was he really?
Only the shooter knows that.
Did he have a phone in the house to call 911 to report the situation and the time to do it?
Doesn't appear so.
If so then just how fearful was he really
Already asked and answered.
Why did he choose the gun instead of the phone?
Because phones are very poor weapons for self defense.
Was it daytime?
Immaterial.
Just because you say you are afraid for your life doesn't mean you are?
Unless you are a mind reader then only the shooter knows.
Was he afraid after the first shot, how about the second shot, still afraid?
In a self defense situation you shoot to stop the threat. If he was justified with the first shot the rest don't matter.
I think your questions just have no bearing on the situation. Since he shot the intruder, I suppose we can assume he was holding the firearm at the time. He says he warned the man to stay back but the man advanced on him anyway. With no evidence to the contrary there is little choice but to accept that.
Advancing on an armed person is a serious threat— if I have someone at gunpoint and they advance on me, I can assume that they wish to harm me and take my weapon. That’s a deadly threat.
It may well be that the whole scene was a set-up, planned to kill the husband. There’s nothing the prosecutor can do with that however until some evidence appears to support the theory. Until then the only available evidence is the statement given by the shooter. Sometimes that’s all there is.
Take the class. The first thing they teach you is your job is to put multiple bullets into the target without hesitation.
In some states, you don’t have to flee in terror before an attacker. In some, you are allowed to stand your ground and let the attacker take the consequences of being an attacker.
There was a case years ago where a woman fled. Up the stairs, into her bedroom, shut the door. The guy with a knife broke thru the door and she shot & killed him. She was prosecuted because she didn’t jump out the second story window in an attempt to escape. The jury didn’t see things the way the prosecutor did, tho...
Three quick shots don’t take that long. IF (notice the if) the shooter was in fear of his life, and the other party was coming for him, shooting till the threat stop could be reasonable.
That is how they train cops. Shoot until the threat stops.