A prosecutor is a public official who initiates a legal proceeding against an offender. In this case the prosecutor will argue that Joe committed homicide. Homicide means killing another person. The killing can be an act of accident, recklessness and negligence. Even when there is no intention to cause harm, it is considered as homicide. Here Joe is a resident of New Orleans which is a city in Louisiana. Hurricane Katrina has taken place. The situation is not normal. The prosecutor will argue that it was already announced that FEMA is coming with supplies so there was no need to fight over the food. Yes, Joe was hit from behind and he could also have hit back. But killing another man with a gun is not right under any circumstances.