This reminds me of the old question; If a man jumps off a 50 story building and on the way down he is shot through the heart by someone on the 40th floor is the shooter guilty of murder since the man was about to die anyhow ?
People are going to be people, 90% of them are reasonable and 8% are not, that leaves 2% that are nut bags that should be locked up for their own good or that of societies...point is I ain't gonna die over it and I ain't gonna hurt anyone over it.
Percentages are estimates and ACME Inc claims no responsibility for the veracity of these assertions whether real or imagined.
Ethically speaking we need to know how far the shot was on the moving target to cast judgement.