"Not every death is a murder," defense attorney Stephen Howard told jurors during an opening statement.
Howard claimed security guard Verne Jenkins punched Malcolm and threw him to the floor, even though Malcolm was complying with Jenkins' order to leave Sapp Bros. Travel Center.
During the scuffle, Malcolm shot Jenkins in the neck.
Prosecutor Tupakk Renteria asked jurors, "At what point in time during a fistfight does a person have a right to pull out a gun and shoot somebody?" Except for pepper spray, Jenkins was unarmed.
Malcolm became loud and belligerent because he thought cashiers were ignoring him, witnesses said. As it happened, Malcolm - intent on buying a pack of Orbit sweet mint gum - was waiting at a closed register.
When Jenkins ordered Malcolm to leave, Malcolm appeared to be obeying, testified customer Chad Hinton, but Malcolm was also intent on getting his bicycle, which was parked inside the store.
The two began struggling, and Jenkins at one point had Malcolm in a headlock, Hinton said. Other witnesses testified they saw the men punch each other.
Store clerk Jodie Neeley and other witnesses testified hearing Malcolm say: "All this for a pack of gum?"
Jenkins was killed in a Burger King restaurant located within the truck stop. Instead of fleeing, Malcolm sat down, put the gun on a table and waited for police to arrive.
Store employee Angela Simister said she did not realize the shooter was within arm's reach until someone asked how many times Jenkins had been shot and Malcolm declared, "Once is all it takes."
Truck driver William Clayton, a former U.S. Army medic and EMT who rushed to help Jenkins, said Malcolm explained the shooting by saying: "The son of a bitch wouldn't quit hitting me."
Store employee Amy Starks said Malcolm told her, "He touched me, he tried to stop me, and he had no right to do that."
Cashier Kaylene Allred said Malcolm said, "He deserved it," and "So what." But customer David Robison said Malcolm looked "shocked" and "a bit dazed." The trial continues Wednesday.
