I'm going to pay particular attention to how static the situation is, because even in courtroom situations where people's lives and freedom are at stake, individuals act as if a statement regarding circumstances at one moment would necessarily represent the circumstances at a later moment, even almost immediately afterwards.
I bet I'll see a lot of different positions and situations when I watch two individuals fighting. I bet it'll be almost non-stop motion.
As to "seeing a gun" in that dark situation, one could easily imagine an individual "noticing" a small, holstered gun during a struggle, perhaps feeling it first, and then looking down to verify. It wouldn't be hard to verify from point blank range.
And again, the idea that an individual of depraved mind intending to kill would shoot once while on the bottom of a struggle where he is being beaten, and would then tell the other individual to "stay down" while he waits for the police is nonsensical.
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