Dude where does these hypotheticals come from? Get a girl friend.lol
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Police is at fault, but he probably wouldn't face any charges. If I was the attorney for the individual I would bring up distance from cop to guy, fact that a screen door obstructed the view of the cop and thus not giving him clear identification of said weapon that he shouldn't have fired. If the man was a child with a toy gun then what? Cop shouldn't have been so fast to shoot.
The actions of the individual has no bearing in this case. He is in his home with a legal handgun. Theres no law that says you can't handle your gun in your house, dry fire practice, house clearing practice, etc.
Another scenario, neighbors call police to report a break in across the street. The homeowner is present and has his gun and is in the process of clearing his house when the police arrive. They are outdoor of a glass French door and they see the homeowner with a gun and tac light clearing his house, they yell for him to disarm, wait 1 second and shoot through the glass door. Is it still the homeowners fault?