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If you pull a gun you expect to use it.
There is no way to tell that a gun is not loaded from looking at it, unless the clip isn't in and the breach is open.
He was within his rights and sensibly put the guy down, a threat is a threat even when wounded, in fact if he had left the guy he would probably have been more likely to shoot the PizzaGuy as he had been shot... killing him removes the threat and stops being sued for "damages".
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