Mr_No said:
Now that I remember, in Max Payne 3, there's a part where Max is trapped inside a building in flames. He then encounters one of the evil mercenaries amidst the wreckage. I don't know Portuguese, but since I recognize some words and given the context of the situation, I believe he was desperate to look for a way out of the building. He wasn't shooting or attacking Max at all. Then Max disarms the guy and shoots him. Those mercenaries were a pain in the ass, but I felt kinda bad shooting a guy who was all confused.
http://youtu.be/hsPsJAivaEs?t=24m4s
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Are you aware that you didn't have to shoot him? You can just not press the shoot button. In fact, there is an achievement/trophy for not shooting him.
The headbutt knocks him unconscious and he just lays there if you don't shoot him. Of course we can safely assume that he dies of smoke inhalation while unconscious eventually if you don't shoot him, so...