Let me ask this...if the robber swings towards me with his gun extended, I think I would be slapping some .380's at him. Fred is my witness that he wheeled around at me, gun extended. Now, just for the sake of argument, what if he realized my presence, told me to drop my weapon, or Fred was dead. Do I have the right, legally, to fill the back of his shirt with holes? Remember, Fred is directly in front of him, and I am somewhere off to the rear, about 45 degs. He never turns to address me directly, just commands me, and never takes the gun off Fred.