The thing I was implying was he might not have <i>voluntarily</i> taken <i>any</i> action. It would probably take either a pretty large man or one stoked up on PCP or something to not pretty much collapse in pain after being hit with a "non-leathal" round fired at close range. If he was holding a running chainsaw, especially if it was on fast-idle, and collapsed onto it, I'd just about consider that to be murder. At the least involuntary manslaughter.
Like Liddy says, if you're going to shoot someone, make sure they're dead so you only have one story.
Glen