I've surrendered many players, and often they don't respond properly and get shot, my personal rule is that if a play doesn't call hit, they're not out.
Given that 10ft is quite a distance, I'd side with player two. You need to be much closer than that in airsoft. I appreciate you see airsoft as a simulation and thus may attempt to apply real gun theoretical physics, but if a real gun can miss at 10ft an airsoft gun definitely can.
The only time I ever got truly angry with another player was during a pointblank confrontation in which both of us were facing each other around 2 ft and the other player grabbed my muzzle and moved it, and then shot me. Naturally I complained that airsoft is not a contact sport...