Can a shopkeeper who fatally shot a teenage girl who may or may have been an alleged shoplifter be found to have acted as a result of provocation?

11 People v. Superior Court (Du), supra, was a case in which a Korean shopkeeper fatally shot a teenage girl who may, or may not, have been attempting to shoplift and threatening the defendant. The trial court found that defendant acted as a result of provocation, and that her gun use (the limiting fact) was less serious than usual because she had not armed herself for crime, but merely seized a weapon kept in the shop for protection. The defendant thus satisfied two of the rule 413 factors. The case gives a useful example of when a limiting fact is less serious than usual.