Could be, if I'm the prosecutor, I'm pointing out she could have just driven away (presumably).
However if it was my wife and she was on the phone with me instead of 911, and the guy is trying to gain entry into the car, I suspect I'd tell her to pull the trigger.
and if the car had dark tint, he cannot see in.
Knocks on car to get a response from the occupant, tries door handle to see if the occupant is OK and gets a bullet to the chest for it?
(Playing Devils advocate, I wasn't there)