Qualified immunity, so no trial.
Non-LEOs/non-govt officials do not have qualified immunity, and that was the scenario:
(emphasis mine)etmo said:
… But if that non-LEO misses,..
And even if it was a LEO, as Malley v. Briggs showed, qualified immunity isn't infinite, it's qualified. Obviously I'm not betting on which side would win, but it's not a stretch to claim the LEO should have reasonably known the kid could get shot, and thus shooting was an irresponsible exercise of power, meeting the Pearson test, and we're off to the races.