speak can shift during a fight, that's true that can happen. but you've got to look at totality of the circumstances. first the department says i'm going to kill you and then he continues to follow them for 40 minutes. and i would have thought if i were in that truck driving he's going to make good on his threat and then walks over to the vehicle, punches the driver square in the nose, it's game on at that point and even if the burden shifted, megyn, when his wife casually walks out of the car and hands him a gun like it's a pack of gun. hey, baby, here is a deadly weapon for you, i'll be breast-feeding junior in the back seat, it was completely game on. these guys, the two victims are totally self-defense and should not be charged with anything. >> megyn: by the way we don't know whether the gun was loaded, maybe it discharged, and it was loaded maybe why no attempted murder charges and the black eye. the driver victim said on