The 'Castle Doctrine' implemented in Oklahoma leaves some room for interpretation. I've bolded some sections that I think are particularly relevant:
The above reference is from
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782 .
Perhaps the most relevant detail in applying the Castle Doctrine to this case is that, in Oklahoma, it is intended to be applied in the context of one's home. The law takes care to define what constitutes a dwelling, place of residence, and vehicle. There is some ambiguity concerning the scope of a dwelling, but in the context of subsection A and the fact that only domestic environments have been previously cited in the law, I would imagine that this excludes business locations such as a pharmacy.
The second point, which is what has already been thoroughly alluded to in this thread, is the reasonableness of the pharmacist's actions. In particular, the jury will likely be asked the question, "Would a reasonable person perceive shots 2 through 5 to have been necessary to prevent an impending death or serious bodily injury?" Or, in looser terms, if the pharmacist hadn't used his revolver to kill the man on the ground, would the pharmacist had died (or have been seriously injured)?
The third point is the key phrase "probable cause" to make an arrest in cases involving the unlawful use of force to defend oneself. It's notable that this is just for an arrest, not a conviction. To evaluate a murder, you would need 'beyond a reasonable doubt' and that's a higher level of burden to prove than just probable cause, so we'll see a much more strict measure to actually convict than to charge or arrest.
Concerning the camera footage, the information presented through that view is not entirely comprehensive, and as mentioned in this thread, there may be details in the situation that were missed by the camera. However, I do not think that the ambiguity that occurs from missing such potential details would necessarily play in the defense's favor. The prosecution has the burden of proof to provide evidence against the accused, but they only have to establish "beyond
reasonable doubt." That doesn't mean 0% remaining doubt, nor does it mean removing all possible doubt. The term only applies to removing doubt that can be reasonably interpreted from the situation and by the evidence presented. To say the least, the idea is relentlessly ambiguous, but it does mean that the doubt created by increasingly unlikely scenarios or interpretations can be ignored unless there is compelling evidence to support such scenarios and interpretations.
For instance, if the assertion is being made that the individual on the ground was still a reasonable threat through the claim that he may have been moving for a gun, we cannot accept that statement on face value. We would need to consider the testimony of witnesses (ie: Did the Pharmacist see the individual reach for a possible weapon?), forensics ("The bullet barely grazed his skull and likely only dazed him... or the bullet cracked or penetrated his skull and would have knocked him unconscious, or at the least severely impaired him"), and other such evidence, accounts, and testimony. There needs to be evidence to support such a statement of possibility. Furthermore, the evidence needs to be compelling.
As for the pharmacist being charged with first-degree murder, the concept of premeditation varies from state to state, but the idea of premeditation does not preclude days of planning.
In my personal opinion, if there are no more forthcoming details, it looks like a third-degree murder or manslaughter to me. If the investigation can establish some sort of psychological instability / temporary insanity on the pharmacist's part or that there was some blatantly threatening movement from the individual on the ground, then I can see the pharmacist getting off. In contrast, if the investigation establishes an emotional rush or indiscrept movement by the individual on the ground, then I only see a mitigating circumstance that makes the situation less flagrant but would not absolve the pharmacist of guilt or greater responsibility.
Best of wishes, though. It sounds like a trainwreck.
--Garfield3d