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I smell a sizable law suit!!
I could see if the guy was parked in front of an all night liquor store and had on a ski mask.
That to me would give the all clear to go full out Rambo on the guy, but to sit and watch him for an hour and then sneak up, yank open the passenger door, and then blast away at a totally surprised man.
Sounds like he had to get his nerve up just to approach the car.
(officer) Gilette saw the driver held what appeared to be a handgun...
Since the victim probably stopped working on the airsoft toy after he was shot in the head, it seems to me that whether the thing was not yet assembled would have become fairly evident in the following investigation. Doesn't seem to be much room for speculation there."It appeared that he had some accessories to the handgun that he was trying to install on it or put pieces of this gun together," Capt. Light said.