He ran out of ammo and the other aggressive perp's location was unknown. That's enough.
This criminal episode was clearly NOT over. NO ONE had been disarmed. The police had not arrived to take over. The scene was still unsecured. The other perp was still at large in the vicinity.
Most independent pharmacies are relatively small, with few places to hide or flee to. Considering the aggressive, violent actions of the perps, you had more than rational reason to believe they would continue to be aggressive and violent.
The cops WERE called. But as always, when seconds matter, the police are only minutes away.
If the guy on the ground makes a move that endangers you, he’s fair game. If the other guy comes back, and he presents a threat, he’s fair game.
You can’t bring out the gun, and for no other reason than that you have the drop on the guy, shoot the man on the ground more times.
Look, I can’t think of every instance that might have been a part of this. If the guy had a gun in his hand and it was pointed in your direction, you could assume he could raise it and shoot, you could state that.
I’m just saying you need to have a good answer when you are asked why you still felt threatened by someone on the ground, and you shot again.
If I’m the judge and you can convince me you were terrified, then I might be a lot more lenient. If you tell me you just did it to make sure you had killed him, I don’t think that’s going to fly.
I want the pharmacist to come out on top here, but there are some protocols to follow that make your story much more defensible.
I’m no expert, but if you have a business and have a gun there, try to study up on the things you can and can’t do to defend yourself.
Don’t just go buy a gun and never think about it again until you need it.