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After shooting a machete-welding man, Auckland gunstore owner Greg Carvell started crying and repeatedly said "why did you do it, why did you make me do it?"
The 34-year offered medical advice, then handed the black .45-calibre colt pistol he had just fired to his colleague and rushed to the door of Small Arms International to keep customers out until police arrived.
Carvell and his colleague Bruce Motley had been sitting at their desks in a private area of the store last July when Ricky Beckham entered carrying a bag.
Giving evidence at a depositions hearing in Auckland yesterday Mr Motley said Beckham pulled a metre-long machete from the bag, raised it above his head and started moving towards to two gunstore staff.
"At that stage he was very close to me and I thought he was going to chop my head off. He was sort of weaving from side to side," Mr Motley said.
He heard Carvell say "put down the machete" about half a dozen times. He also repeated the warning two or three times but Beckham kept advancing towards the men, while threatening to kill them.
When asked by defence lawyer Greg King if it was a "life and death situation" Mr Motley replied "yes".
Carvell pulled the colt from a shelf hidden under his desk and shot Beckham, who has since made a full recovery and is serving a three-year sentence for threatening to kill and demanding guns from the store.
Police decided not to charge Carvell for shooting Beckham but did lay a charge of possession of a pistol for unlawful purposes.
After the shooting Mr Motley said Carvell, who was extremely distressed and crying, told Beckham to hold a jumper to his wounds until an ambulance arrived. He then tried to keep customers out of the store while questioning Beckham about why he made him shoot.
In court Mr King asked Mr Motley what might have happened if Beckham wasn't shot. "I'm sure I wouldn't have been here today," said Mr Motley.
Mr King called for the two Justices of the Peace hearing the depositions to not commit Carvell to trial, saying there was insufficient evidence to establish a prima facie case. He said Carvell's actions saved two lives and prevented firearms from getting into "extremely dangerous hands".
Crown prosecutor Marc Corlett said while the situation faced by Carvell was "frightening" the case was about the possession of the pistol under the desk, not the shooting itself.
The case was adjourned until today when the JPs are expected to deliver their decision on whether Carvell will face trial.
Outside court last night Carvell said it had been a long day.
"We hoped to get a decision today but at least it shows they're thinking about it ... We've been waiting a long time so what's another day?"
He said he did not regret shooting Beckham and hoped the case would be thrown out of court.
His father Ray Carvell said the family were very disappointed the case had even got this far. He was encouraged, however, by the public support of his son.
Greg Carvell said he was still working at the store. When asked whether he kept loaded firearms under the counter, Carvell replied: "No comment."
The case
* Gun store owner Greg Carvell is charged with possession of a pistol for unlawful purposes.
* It follows the shooting of a man last July who tried to rob his shop armed with a machete.
* JPs are expected to announce today whether Carvell will face trial.
