Issue with that... you don't have the right to aim and threaten someone if you DON'T feel your life is in danger... Although it could be argued that WHILE drawing, he was in fear, but at the time his weapon reached the ready position, he no longer feared...
I kinda disagree with this assessment as applied to the instant video.
A gun was criminally pointed, a threat of right-now lethal force was made.
The defender judged correctly that the bad guy would back down, but he could just as easily gotten it wrong if the bad guy had changed his mind and decided to sweep the defender's gun, step aside, etc., and shoot. At any point, the bad guy still had the option of carrying through with his threat of lethal force.
I gotta give the defender great compliments for judging the bad guy correctly and avoiding a shooting. But, had he simply shot the bad guy, there is no way I would second guess him and demand that he should have used finer judgement because "the bad guy might not have brought his gun back up."
At that point we're into questions about whether the defender even possesses the necessary perception to detect the bad guy's frame of mind, whether the defender can even think to judge that the bad guy is going to back down, and whether the defender remains calm enough--in the face of a lethal threat--to do that perceiving and judging.
On one level, I'd say the bad guy was lucky to pull that robbery on that victim. From hindsight its easy to tell the robber wasn't actually willing to shoot the clerk. But a lesser man might not have picked up on that and just filled him with holes.