Yes, but do you see how illogical that is. Any good law enforcement officer would put down a suspect if it meant saving an innocent citizen. Just because it's superhero law doesn't mean it's logical. Besides, don't pull out Batman Begins as an actual defense. The logic goes in and out on that movie. There's a microwave transmitter that makes water turn to steam but leaves humans alone? Even if it was somehow designed that way, a few tweaks here and there would have been much more effective than any fear toxin ever could be.
And superheroes do kill. Just ask Wonder Woman, she killed Maxwell Lord at the end of the first volume to Countdown to Infinite Crisis. SHe had to to save Superman. You do what you must so others may live or die.
So Shredder not killing the Turtles does not undercut his abilities, he's just another in the long line of victims of comic book logic.
Now, instead of arguing about what you don't like about the '03 series and what I don't like, or at least what I can remember about the '87 series, can we talk about what we liked about them both. I would really like to hear what you liked about the '03 series, minus Fast Forward, seeing as I've heard all about that already.
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From the thinnest thread
We are sewn together
From the finest string we dangle over time
From the highest wire
We walk through fire
Should our balance ever falter
Should our steps be unaligned
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