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The thief wasn't reaching for a gun, he was pulling up his pants. These things happen but when accidents happen and as a result somebody dies there are always consequences.
So, if you were chasing a thief with a gun and you told him to freeze and he starts reaching for his pants, you would bet your life on the fact he is just pulling up his pants? For one thing, if you were chasing a thief, who has a high chance of being armed, you are already fearing for your life and full of adrenaline. Even a police officer would have shot this man had he told him to freeze and he started to reach for his pants, it happens all the time. A police officer wouldn't go to jail for this, why should a civilian who is more or less making a citizen's arrest? Although the poor thief had no bad intention, being shot is a price to pay for being a thief, he should go back to college and take Thieving 101 and learn what to do when an armed citizen/officer gives an order to freeze with a gun.