I think I understand the need to find a reason to believe it was a bad shoot. It makes sending an innocent man to prison to placate the mob in hopes to prevent a riot easier to swallow.
I don't agree with it, but it's where we are as a society.
Right, toss another to the wolves.
If he was not thoroughly searched, he may well have had a handgun tucked away.
Suspects have been put in the car, cuffed, and a firearm found on doing a better search.
Having a firearm would be a (felony, with the DUI) reason to fight to break free and run (if for no other reason than to ditch the gun).
I still don't know the range at which he was shot, but the idea of disabling the cop with the taser, taking his service weapon and causing further mayhem is not lost.
So let me set it up this way:
IF he was not searched thoroughly prior to the struggle.
No weapon other than the taser which
can be lethal.
Partner was too far off to render direct aid if the cop was incapacitated before the suspect would have the cop's weapon.
The area was dark or in shadow (suspects don't run toward the light, ordinarily).
I would lean toward a good shoot.
If he
was searched.
No weapon other than the taser which
can be lethal.
Partner was close enough to render direct aid.
Area was well enough lit to determine he was presenting the taser and not a lethal weapon.
I would lean away from a good shoot.
It doesn't matter to the owner of the Wendy's who didn't shoot anyone. His business is in ruins.