What about the robber leaving the scene of a crime? Leaving the scene of a crime is illegal, isn't it?
Would that not justify the shooting? The victum was only trying to prevent the robber from leaving the scene.
For some reason, police officers are actually considered privileged to shoot those fleeing arrest if 1) they observed them commit a felony, and 2) they have reason to believe they pose a high degree of danger to society. I'd say this case qualifies. Running away was, in essence, fleeing arrest.
Now for the question why cops are in any way distinguished from anyone else in terms of privileged lethal force. There's no logic to it. Originally, we were all "the police," i.e., we all had the common law right to maintain the piece, and defend life and property. Then people got too busy to do it, and decided to either elect or hire someone to do it for them. The people then extended to these officials the full degree of their own common law powers to maintain the piece and defend life and property, i.e., police can have no greater authority than we all possess in these regards. Where did the police derive any greater degree of power than that possessed by the folks who empowered them to do their policing for them?
