Denied. Starting a gunfight and dying is a valid PK criteria. There can be staff discretion when and how this should be apply, but we've consistently held that this PK guideline applies during serious RP situations, especially when NHC members become victim of the gunfight.
The dispute of whether you were being restrained or not is irrelevant. You'd be PK'd regardless for starting a gunfight and being killed during a serious RP situation.