Interesting. I thought clear threat of death was required.
It can vary depending on jurisdiction and how the laws are written.
Some laws allow you to intervene in when there is a 'clear and present danger' to a person. Also, it is important to remember that most 'self-defense' or 'defense of a third person' clause state that the force use must reasonable and justifiable to stop the threat at hand. Now, because the criminal law is all about intent (
mea culpa), what will determine what is 'reasonable and justifiable force' is how the person using the force perceives the threat at the time. In other words, did the father use an appropriate amount of force to negate the threat as he perceived it? Generally, lethal force is not justified even when it comes to coming to the aid of your daughter being molested... BUT for that to be prosecutable, the father would have needed to
intentionally wanted to kill the guy. By the account in the article, it was not his intent. And so, now the question will be if the force used despite the outcome was justified.
It seems the DA would think so and so would I.