There was a recent case in Arizona where a man shot and killed another man who was supposedly coming after him on a trail. The shooter felt he was justified and that his life in danger. Weather or not he was justified I'm not sure, but one of the key pieces of evidence that convicted the shooter was the exact statement you just made, "Can't sue if he's dead". If you ever do find yourself in a situation like that be very careful what you say. I think the guy is now doing 15 years hard time at 50+ years old. I'll try and find the article and put up a link.