It is a tough situation, no doubt. Now, I believe he was a thief who faced karma. Now, I don't think he should have been killed but I would try to figure out if i were in danger of being killed, if not, I'd comply and sue the hell out of them, had I been innocent. Going for someones gun is a risky prospect, unless you think you are dead anyway. But it's subjective, of course. It's easy to either err on the side of caution or over react in the heat of the moment.