charles campbell outnumbered, 3-1, went to his car. but rather than leave, he pulled out a bat. >> this man, with bat in his hands, how much more of a threat did that make him to your father? >> made him a deadly threat. >> back in the store, rich said he saw campbell strike his father not once but twice with the metal bat. >> i saw him up with the bat and he started to swing. that's when i reached for the gun. >> the off-duty officer grabbed the gun from under the cash register and raced outside, firing three times, hitting charles campbell in this middle of his chest. >> somebody was shot. >> from the time that bat came out until the time the incident was over, it was matter of four seconds, five seconds, and my training just kicked in. >> he doesn't remember the moments immediately after the shooting, only that one of the responding officers handed him the gun and asked for help removing the bullet clip. then he, his father and brotr-in-law were taken to the police station. >> we want what? when do we want it? >> rumors spread like

instead, prosecutors claim he shot charles campbell in a murderous rage. assistant district attorney patricia murphy telling the jury, "this is a case about revenge. this is a case about retrobugs. this is a case about payback." prosecutors argued the father, son and son-in-law ganged up on campbell so that he had no choice but to grab a bat from his car. >> i know chad. when he grabbed that bat, the idea was to just show all right, you all, back on up. i'm not guilty going to start here, but i'm going to finish it. so he swung, i think, once at the father. >> do you think charles campbell could have killed your father, had that third hit struck him? >> sure. absolutely. it was a metal baseball bat. >> if there wasn't a baseball bat, there wouldn't have been a gun. >> prosecutors supported by eyewitness testimony convinced a jury that was backing away. the jury was acquitted of assault. but richie was convicted of murder with depraved indifference. >> i said i shot charles campbell to stop him from beating my father with the bat. is that an act of intent?