I think the reason he didn't/couldn't shoot Scratch is that he had taken two shots to the chest. Now, I have never worn a bullet proof vest, and I have never been shot while wearing one, but I would think it would still be pretty painful. Saul does mention that he thinks he has broken ribs from it, and I think he says it knocked the breath out of him. It has also been mentioned before that he is not the best shot. So, not being a good shot coupled with the pain of take a couple rounds to the chest.. im thinking he shot just to let her know "Hey bitch I still got teeth." Although those teeth are not very effective right now.
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