Laveen, Arizona (CNN) -- Daniel Adkins Jr....who was 29 but had the mental capacity of a 13-year-old, had been shot and killed. The shooter said he acted in self-defense. He has not been charged.
A gun bill...[commonly] called "Make my Day," it says people have no duty to retreat before using deadly force to protect themselves anywhere they have the legal right to be.
Daniel Adkins Jr. walked past Taco Bell's drive-thru just as a 22-year-old man pulled around in his SUV to pick up his order. Sitting in the passenger seat was his pregnant fiancée.
The driver slammed on the brakes, just missing Adkins. The two men exchanged words.
The shooter told police that Adkins "air swung" his hands in the direction of the SUV, but acknowledged he never hit him or his vehicle. Still, he said, he was afraid of what Adkins might do with the weapon he believed he was carrying. Although a weapon was never found, the shooter described it as a 3-foot metal pipe or bat.
When Adkins lifted his hands in the air again, the driver drew his Smith and Wesson .40-caliber handgun from his sweatpants. He pointed the barrel at Adkins and racked the slide of the gun, putting a bullet in the chamber. Then he pulled the trigger. Struck in the chest, Adkins fell to the ground, face first.
He told police he had no choice but to shoot. He said he couldn't drive away from Adkins because the dog was in the way and he "thought he had no other options," according to the police report.
While the shooter said he did not believe Adkins would have killed him and his fiancée had he not fired, he also said he feared Adkins was trying to hurt him."