Regardless of the mistaken identity, I am not sure you could get away with chasing and firing shots at someone driving away with your vehicle. Probably depends a lot on the prosecutor, your lawyer, and the jury you may get.Rutherford's attorney, Winston Connor II says, "Tony and his family are very sorry by the loss of their child and time will reveal the circumstances surrounding this unfortunate incident which does not constitute a crime"
Beyond that, just tragic circumstances and decision making.