This is a fairly serious toss up. On the one hand the guy was obviously hit first. But you cannot provoke someone into hitting you and then shoot them. A jury could very easily find that the clerk had more then ample ability to avoid the situation.
I'm sure there would be an argument to be made that he was recently shot and was afraid for his life but if you were recently shot and now have a gun why would you open a locked door and then get in the face of someone who's angry?
Not to say you can go around sucker punching people who get in your face but a case can just as easily made that the black guy was defending himself because the clerk came outside, got in his face, and had a gun.
I'm sure there would be an argument to be made that he was recently shot and was afraid for his life but if you were recently shot and now have a gun why would you open a locked door and then get in the face of someone who's angry?
Not to say you can go around sucker punching people who get in your face but a case can just as easily made that the black guy was defending himself because the clerk came outside, got in his face, and had a gun.