Here is the deal. You have the right to defend yourself at all costs. If the guy was unarmed you can't use deadly force unless he has you in a choke hold & you feel like you are going to pass out & die. Now, he has you in a choke hold and he is saying he is going to kill you? He is fair game. If you did not have a weapon, and the bad guy did not have one but he had already grabbed me and threatened to kill me, I would have used my long handled scoop and wailed his ass. I would use it just like a PR-24 or ASP baton. I pack an LED head light and a small 2" stainless 38 snubby at night. Better safe than sorry. If the man had a club or a knife and was growling and had laid hands on me telling me he was going to kill me, he'd be in a box right now. Happily, you don't hear much of anything like that here in Va Beach though. I hunted many nights the last 2 years and never had a problem. The people who say that spray does not work on crazy people are correct if it is Mace. If you cary OC pepper spray, it works on everyone as well as dogs (Jaws-with-Paws)as long as it has a high amount of OC (Oleoresin Capsaican). Even a raving drug fazed lunatic can't keep his eyes open with a direct blast of strong OC to the face. It will stop them just long enough for you to make your getaway.
Stay Safe and Happy Hunting!