Don't have a lot of details but if the headline is accurate, one of the robber and one of his intended victims were still in a scuffle over the gun and the robber lost. It doesn't sound at all like the scuffle had ended and the robber was just being held at gunpoint when he was shot. If the scuffle had ended and the robber ceased to be a threat, that would be a different headline. However, the article did say "an investigation is ongoing."
Also consider that once the GG gets the gun from the BG, there's no guarantee that the BG won't try to get it back- and succeed. If the BG flees, then no shots are warranted, but if he makes a single move to re-engage the GG, then all bets are off.
Besides, we all know from television that the gun always goes off during the struggle. Whether the BG or the GG gets shut depends primarily on the amount of time before the show ends.
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