in the second scan, thor is ready to kill both aw and ss, but aw (because he's touched ss's soul) finds he can control ss board. he uses the board to flee.
i will admit to one error, though - when thor fought thanos (and it was to a standstill - thanos was bloodied and unable to best thor with strength or power so had to resort to a weapon) thor DID have the gem. even as i said it, i wondered, so i checked, and yes, he had the gem so that fight is tainted and obviously shant be used by me again. oops. so many books, hard to keep ALL of them straight!