Killed by the second hunter... That's the one that legally killed the deer and legally should tag it. And, by rights in my mind should have the deer if they want it. It's happened to me twice and both times I broke the law.
Once years ago hunting whitetail on public land I heard a flurry of shots not far off. Very shortly a little fork horn buck came along about half dragging some intestines and all humped up. I could tell he was obviously gut shot to heII. I killed him and waited, after a bit a man and his young son came along the trail. I went down there and talked to them. Kid jumped the deer and opened up with a Ruger semi-auto .44 magnum. He actually hit the little buck twice, both gut shots. Kid wanted the deer, his first buck and as I surely didn't want to deal with the mess he created I was more than happy for him to tag it. Second time was about the same except this was an antelope in Wyoming and the shooter was an old feller that had trouble just walking through the sage. Gut shot antelope with green goo strung out all along its flank and back leg.
To me it worked out. While technically I should have tagged the animals, both were dispatched as soon as they came by me ending their suffering, both were tagged by the original shooter/hunter and so both utilized as was intended by having a hunting season. I can't see any wrong in it.