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As I said before, the proper way to surrender is to lie face first on the ground with hands out or on your head. Any resisting whatsoever is reason to be shot, regardless of who happens to have the upper hand at the moment. Doesn't matter where the bad guy gets shot, or how many times. The fact that the shots hit his head merely says they were well placed. I'd upset if there were 30 shots all over the place, striking other people.
We'll never know the exact circumstances, or if the criminal attempted to surrender, because we only have the testimony of those alive, and we must give them the benefit of the doubt since they are the victims, and they are the only people around to give testimony.
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