IMO, what will be more damaging is when your friend opens his mouth and explains this theory to the arresting officer or the jury.
"Well on the first shot, I didn't want to kill him, so I loaded a less lethal round in the chamber first."
Deadly force is deadly force. Shooting someone is deadly force. Period. There is no more "excessive" force than deadly force.
Your friend think he has logic. He doesn't.
An expert witness for the defense will explain it to the jury.
"Well on the first shot, I didn't want to kill him, so I loaded a less lethal round in the chamber first."
Deadly force is deadly force. Shooting someone is deadly force. Period. There is no more "excessive" force than deadly force.
Your friend think he has logic. He doesn't.
An expert witness for the defense will explain it to the jury.