Responding to "You cant finish the bad guy off when hes down" statement - Keep in mind that most shootouts/defenses happen in VERY fast order. In other words, the guy with the gun shoots until the other guy falls or he expends his munitions.
Hell, Ive even seen videos (security footage etc.) of gangbangers (and even wiseguys) shooting each other, and most always its just Aim, Shoot, Shoot, Shoot.
Who is really to say that the evidence pointing to me walking over to the perp, stopping at around <x> feet, and putting one round through the nose isnt the exact same as shooting until down, and the last round just happened to hit him where it counted?
Believe me - in a case someone entering my apartment with anything I remotely see as hostile intent, its these simple motions.
Get Mossberg. Aim Mossberg (I keep it chambered and beside my bed). Fire Mossberg at COM.
WHILE the bad guy is going down, these simple steps.
Pump Mossberg. Aim Mossberg at a slightly lower position, still at the BG.
...Then we have two versions. The versions the cops will hear, and the version that I will see.
#1 - Fire Mossberg at BG, without any hesitation. He just so happened to be on the ground, but I didnt think about that - I just wanted the threat to stop. After the second shot (this one), the BG wasnt moving.
#2 - Fire Mossberg at BG's neck/face area once, pumping another shell into the chamber in case of an attack. If the BG isnt moving (which he shouldnt be), call 911 and try to get over it.
So in short - The police will want to hear that you NEVER stopped firing until a reasonable moment passed, and NEVER specifically aimed to kill the BG. You will want to ensure that they know it was a frantic fluid event, and nothing more. Tragic.
What you will want to do is ensure that...
1 - The threat is eliminated (That means Dead.)
2 - You stick to your story no matter what, because your lawyer will tell you if you are fubar, and you can change details accordingly.
3 - Nothing civil or criminal will come of you defending yourself/family.
All this talk about forensics is warrented, but not if you consider the situations. If during an actual frantic gunfight a person can get hit (more than once!!!) while prone, due to rapid succession firing while training aim to pattern with the target's bodily movement (even if that means falling movement), then you could damn sure CLAIM that and get off one in the eye from a pistol.
We arent talking Goodfellas here - nothing point blank, but ill be damned if you couldnt get away with a 10-15 foot well aimed cheekbone hit.
Like I've posted before - many headshots occur during struggles for a firearm. Lesson learned? Either shoot to kill at 10-15 feet, where ballistics would show a consistant pattern with the "dropping" shots, and no suspicion would be roused, or
barf
give them the barrel-aside-the-cheek-pointing-upward-he-grabbed-my-gun shot, which I dont advise. Either way, dead perp who violated your freedom, home, and security.