Daddy hick's first threat was measured "If you come any closer I'm going to kill you"; that was a warning. I don't know how the "Take your swing" stuff will hold in court since it could be interpreted as instigating, but I think it depends on a lot of factors including what may or may not have happened before the recording started. Orange shirt was instigating too, of course, saying "Point it at me" many times all the while daddy hick remained calm with the gun held down at his side. Obviously they shot at close range, are you suggesting their right to defend themselves against a melee threat increases with distance to said threat? If it was a cop, he would have shot within the first second that orange shirt picked up the bat and been praised as a hero. It's pure class hatred that's driving the villainizing of the hicks.
Orange shirt was arrested a dozen times just last year for violence and disorderly contact, including one time for threatening to kill a mailman with the same baseball bat because the mailman walked too close to a window. No crime records exist of the hicks afaik, and I don't see any reason to believe so outside of bigotry against two men for being white, fat, and shirtless. They were totally calm through the entire process, orange shirt was a literal crazy person hopped up on pharmas.