Originally Posted by BENZ-LGB

It is not up to the victim to press charges. It is up to the police to investigate the case and then submit the case to the local prosecutors. The local prosecutors then decide whether or not to file a case against the defendant.

It is "The People of (choose your state) vs. John Doe (perp)" The crime is committed against everyone, not just against the victim. so the victim does nothave the choice. In certain types of cases, like domestic violence cases, the victim (usually a wife or girlfriend) is often uncooperative. A case can be filed if the circumstances are right, regardless of what the victim wants to do.

The idea that a victim has to "press charges" befoe a case can go forward is a misconception.

If a victim does not cooperate, i.e., refuses to talk to the cops, or won't provide enough information to file a case, then the police and the prosecutor must look for independent evidence, outside of the victim, before a case can be filed. If there is enough independent evidence (like eyewitnesses or other evidence) and the prosecutor has enough evidence to file a case, then the case "may" be filed, regardless of what the victim wants.

There are not enough facts in the initial hypothetical to make a decision. As it now stands, I doubt if any prosecutor would ever file charges. The victim can, however, always bring in a civil suit against the shooter.