Old City Shooting Suspect Posts Bail

PHILADELPHIA - The Temple University law student accused in a shooting right outside Fox 29's studios at Fourth and Market posted bail on Tuesday.

Meanwhile, the recent Villanova graduate wounded in the Old City shooting remains hospitalized in critical condition.

In the aftermath of the shooting, many have been wondering when the use of deadly force is justified.

Fox 29's Sharon Crowley reported that a local criminal defense lawyer thinks the accused shooter may have a tough time fighting this case because the alleged incident involved the shooting of an unarmed man on a public street.

Fox 29 security cameras caught the violence on videotape around 2:30 a.m. Sunday, when Gerald Ung first bump into Eddie DiDonato and his friends. Next, DiDonato and his friends appear to follow Ung. That's when you see Ung pull out a gun and point the weapon.

Then, the video shows DiDonato – who is unarmed – lunge toward Ung.

Police say Ung fired five times, critically wounding DiDonato.

"The law of justification of self defense where deadly force is used is very exacting," said criminal defense attorney Brian McMonagle, who is not representing any of the parties in this case.

McMonagle said Pennsylvania law is clear on when deadly force can be used. He thinks that Ung, who has been charged with attempted murder, will have a tough time proving he was justified in firing his gun.

"The only way you can respond with deadly force in Pennsylvania is if you reasonably believe that deadly force is being used on you," McMonagle said.

McMonagle added that things are different if a person is inside his or her home and someone broke in. But shooting an unarmed man on a public street, he said, creates a difficult case for self defense.

"The obligation is is that you have to believe that you're going to be placed in jeopardy of either life-threatening injury or death by your assailant, whether it's in your house or on the street. The difference is in your house you don't have to retreat safely – you can fire. On the street, you have to see if you can retreat safely before you use deadly force," McMonagle said.

Fox 29 News is still trying to get comment from Ung, who is facing a number of charged in addition to attempt murder.