Date: 2006-11-17 03:01 am (UTC)
I am sure, and thus I will go on to argue that I think this situation is equivalent to pulling out and shooting a gun when the other person has pulled a knife.

Now, obviously, the situation is somewhat different if (stretches analogy) Harry has no idea what a gun is or what it does but apparently pulling this trigger will solve his problems! I must stress that I do not blame Harry any more than Draco for his actions in the bathroom. (After the bathroom I do, but proceeding onwards.)

Because the 'gun' would've killed pretty much immediately. With one shot (spell). If Snape hadn't been there, and Draco knows for damn sure Harry didn't plan on Snape being there. The description of Draco in the bathroom scene was of someone who was bleeding out. One shot - dead - gun.

Moreover! Okay, Draco pulled his wand first. Absolutely. Not that I blame him for it, since Harry is standing there staring at him and Draco can't know he's shocked and rooted to the spot: in Draco's mind he's spying and he is quite possibly entertained by the spectacle. Draco was hysterical at the time and being caught crying like a sissy girl by your schoolboy nemesis must have been utterly and horrifyingly humiliating, and Draco is very proud even when not already hysterical. Call it the first punch. A flurry of hexes are exchanged on both sides, shattering lamps, jinx blocking, etc. Call them punches. Then Harry (accidentally, we know, but Draco cannot possibly know) floods the bathroom floor, making things slippery. Which escalates things itself. Call it - actually, call it making the floor slippery and dangerous, I have no more analogies.

At which point Draco says Crucio. Well, what does Draco know about Crucio? What Harry, and thus presumably Draco, learned in class in fourth year: an inexperienced user isn't likely to be able to do it. I'm not saying that Draco doesn't want to hurt Harry (I'm sure he does) but somewhere in the back of his mind he must know that, great and hateful though the gesture is, it's unlikely to do much. Call it brandishing a knife anyway.

At which point Harry (from Draco's POV) produces the gun and fires, intending to kill.

I'd think, given the fact he was hysterical, mortified to death, furious and then almost died, that his memory probably isn't great. Probably the salient details as he recalls them are: Potter spied on (and probably laughed at him) crying, and then when Draco tried to Avenge His Honour he tried to murder him. But even if he is fully aware of all the details that went down, it still looks like if Harry sees him as any sort of threat, Harry will kill him immediately and brutally. Given that he let the Death Eaters into Hogwarts, he is a threat. He doesn't know Harry knows anything about his wavering on the tower, so he'd assume Harry considers him an active threat. And he thinks, on evidence I think that from Draco's POV is pretty indisputable, that Harry will kill him.

He'd have to be a raving imbecile to go near Harry's side without being told this is not, and was not, the case.
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