It definitely seems like Gasser must have a few screws loose. When I was in my 20's, I used to get super upset at idiot drivers and would yell, etc. As I've aged, I've mellowed out. Gasser has 8 years on me, and it seems that "mellowing out" is not possible for him.
My wife says if they have probable cause he could stay in jail while they investigate. I would say a gun, a dead man, and witnesses are probable cause. I agree with you @StaceyO that with the current climate a little bit of pro active law enforcement would do a world of good. Louisiana has not had a good track record with racial tension as of late. Hope it gets resolved before more violence erupts!
See and this is where there is a ton of grey area. What if a man just looks threatening? Giving you that look approaching. You let it go and he walks right past you. You jump the gun (ok bad use of a cliche) and shoot him. It's my contention that if you carry a gun you are already in fear for your life or at least a good attorney could argue that.
If it happened directly in front of a Shell station, the police should have some video evidence. Gasser is in no way off the hook.
Attitudes like this is why guns should not be so widely available. Everyone thinks their in danger and going to be a hero. That's not justified. If Joe pulls a gun or a knife, then that's justified. It's not okay to shoot someone to avoid an ass-whipping, for getting yelled at, for someone dramatically waving their arms at you, for talking shit and threatening you, etc. Your life has to be in imminent danger. Bruises and bones heal. Gunshots to vital organs do not. At the very least, you should be charged with manslaughter if you take someone's life. There are other options available like not being an asshole, remaining calm, running the other direction, etc that result in no lives lost. I am curious as to how this story shakes out. I thought that I read that Joe was on the passenger side of the vehicle?
You assume a lot. It's easy to roll the dice with someone else's life. If he was entering Gasser's vehicle to harm him, then he put his life in jeopardy, and Gasser had a right to shoot him. Gasser can't assume that he'll be on his way with a black-eye or busted lip. He may be beaten unconscious, beaten to brain damage, or maybe a broken neck -- that doesn't heal too well. Once or while being beaten the assailant may pull out a knife, gun, or whatever. You don't know, and he didn't know. He was being attacked by an enraged stranger. The reality is that if Joe was entering Gasser's vehicle to harm the guy, Gasser's actions has made us all marginally safer.
You should only use deadly force to match said deadly force. I can tell you from experience that I clocked a bodybuilding dude with a small piece of 2x4 because I was 160 dripping wet and he was 260. The judge made it perfectly clear to me when & what kind of force can be used. You can only match force, if Joe didn't have a weapon then Gasser can't use one either. Cost me money and freedom to learn that lesson as a teenager. If I don't see a gun I won't pull mine and even then I evaluate if I can de-escalate the situation without showing my hold cards. It's called common sense and apparently this guy has issues. As the story comes out maybe we will learn more.