I'm assuming that you're meaning something like if a rapist is attacked by his 10-yr-old victim's crazed but otherwise normal father, and the criminal shoots him in self-defense. Well, since he wasn't supposed to have a gun to begin with, and he instigated the situation with the rape, YES, he's still a criminal. Of course, the father has also committed a crime.
Are you referring to before or after the freak is in custody?
If before, said freak is either committing his crime or attempting to escape. Preventing a felony, stopping a felon defense of a family member- all there are legal grounds for the used of potentially lethal force.
And if after, any judge who would find against the father should have his gavel taken away from him.
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