Yes. You don't have to exercise it in all circumstances. Just saying. How and when you do that matters. This is not clear cut, which is why we have been discussing and arguing about this for hours. From my view, there was malice evident in his actions. Less so in hers. He also placed himself poorly, showing bad judgement. He drew his weapon when he could have sidestepped the car just as easily (even while drawing "just in case"). All of this is woulda-coulda-shoulda, though. What happened happened, and we are all going to have to deal with the consequences of it. None of it will be good.

If you're jay walking and someone almost hits you with you're car, you aren't justified in shooting them. Get the fuck out of the street if you don't want to get hit by a car.