The premise of your question does not take into account what happened prior to the time of this kick. At this point in the evening, the shooter has unlawfully acquired a weapon, unlawfully transported said weapon over state line, unlawfully presented himself as a volunteer Peace Officer, unlawfully brandished his weapon, and last but certainly not least...at the time of this kick, the shooter unlawfully discharged his weapon shooting an unarmed man at point blank range. Lessons whe are taught not to do in weapons training.
As for the misplaced premise of your question, fear is relative Sir. I would want something more than my fear to justify the taking of another soul. I was raised in Brooklyn, NY. When someone kicks you in the face, you open up a big can of
[email protected]$$. The fear,(misplaced premise), felt here is that the shooter did not have the none lethal hand skills to defend himself. Thus, the shooter should have taken his beating, insured the kicker limped home, while on his retreat back over state lines to the shooter's home where he should have been in the first place.
Pro-tip: People who find themselves fearful for their life in a fist fight should not go looking for trouble.
The shooter only has weapons release authority in a gun fight. If Florida law doesn't support clarity of use of firearms, it should.