Yep, most likely he will be charged. If I was on the jury, he walks. Just because he turns his back doesnt mean I am not still in fear of my life. I know...not PC and I most likely will never be accused of it.
This occurred yesterday at a Walmart in Logan WV. A male approached another subject with a sharp object in his hand demanding his money, subject reportedly had the guy by the neck and made several threats to cut the guys throat. The guy handed over his wallet and the subject was walking away. Guy who has a WV CDP permit pulls his gun and shoots killing subject. Guy is arrested for murder and law enforcement is leaving it up to the prosecutors to figure it out.
Granted not many of us are lawyers and I'm not very familiar with WV laws. But what is your opinion justified or not?