The OP also suggests that he is behaving in a threatening manner so that whole skit you just wrote is kind of silly.
Perhaps you could relate for the rest of us how you came to conclusion that you may shoot someone because he is "behaving in a threatening manner".
Luckily your [New York] laws do not apply to very many people on this forum so they can be ignored.
Actually, in
most states, one
does have a duty to retreat,
unless one is in his home or automobile, and in some states, even then. There is no duty to retreat in Indiana.
Try as they might I absolutely, positively guarantee I won't get convicted.
Famous last words, as they say, and the belief of a lot of people who are serving or who have served time and forever forfeited their right to own a gun.
You will have shot a person.
That will not be in question. To avoid conviction for some type of murder, you will have to produce evidence that you
reasonably believed that your action was
necessary to protect your self from serious injury.
The jurors will judge what is
reasonable and what was
necessary. Your testimony, which will be subject to cross examination that could render it ineffective, may be of insufficient help.
Think about it. If the courts relied solely on the shooter's testimony, there would be very few convictions for murder--everyone would claim self defense. A lot of people do, but many do not prevail.
Keep in mind there is pretty good chance that the person will survive and testify against you. Don't assume that in court he will be regarded as the "bad guy." And whether he lives or dies, don't assume that you will be regarded as the "good guy."
It will come down to how well your testimony matches the forensic evidence and any testimony of others, who may well not have noticed what was going on until they heard the sound of your shots. And if someone did, what will they remember? In most places in the country, drawing a gun on someone who is not posing an imminent danger is a crime. How do you think this will be taken: "I saw a man pointing a gun at another man; then he fired and the man went down"?
I suggest that you bookmark and study this:
http://www.useofforce.us/
Also this, which goes into the aftermath and what you will face.
http://www.teddytactical.com/archive/MonthlyStudy/2006/02_StudyDay.htm
Your defense attorney may have studied this, which you should also read:
http://www.nacdl.org/public.nsf/01c1e7698280d20385256d0b00789923/f587d7d10c34fff2852572b90069bc3c?OpenDocument&Click=
It would be a very worth while investment to consult with an experienced trial attorney in your area.
Let's hope you never get into such a situation. How do you think your posts on this will sound to a DA, grand jury, or jury?