Gunshot wound to the back of the head--self defence vs homicide

A police officer attended the scene of a burglary in progress and, following a pursuit through the house with his gun in hand, short the burglar in the back of the head. the officer pleased self-defense alleging that the burglar had whirled around holding what was perceived as a gun in this left hand and that he had reflexively pulled the trigger of his own gun. When he examined the body, a black yarmulke was present near the outstretched hand of the burglar. The results of a reconstruction were consistent with the details of the police officer's deposition.