At this point we don't have enough facts available. What actually happened will be determined by forensic evidence. I just hope the cops did a professional job preserving it. That evidence and how it's presented will determine the outcome.
This is one more reason why we need to get government out of policing. They have no real incentive to do a good job collecting and preserving evidence.
My landlord is awaiting sentencing for allegedly firing a handgun in his house (out the door into the well lit backyard) in order to stop a fight where there had already been attempts to use a knife to stab people. Several of the participants were known gang members, and the defense got a 200 page stack of criminal records of the participants. Unfortunately, the defense didn't get that until the day the trial started, and it wasn't allowed as evidence.
Anyway, the police took a couple dozen pictures using a not very good camera, which had a timestamp that was from several hours before the incident occurred. They didn't collect any of the bloody towels nor any blood samples from the floor. The one shell casing they found was not the one fired that night. They didn't even come back to look for more evidence in the daylight. It was a worse investigation than most civilians would do.