There is a huge difference between Ruby's shirt and the Shooter's.
Do you see how on the left Ruby's shirt is all flattened down at the collar but not so with the Shooter?
And, if you're going to claim that that picture on the right was taken before "Ruby" was processed and given his prison garb, then that means it went from the penguins swarming upon "Ruby":
to "everyone say cheese" in a matter of minutes and before they even processed him.
How could things possibly turn around so fast? Supposedly, that man fatally shot a man and then struggled with police in a wild frenzy, and now they're calmly posing for a picture together? That soon? Before he's even issued his jail uniform?