This is absolutely ridiculous. Let's figure this out...
There are, like, seven cops there. They KNOW they are being video taped by the wife, who is yelling at the top of her lungs. It is likely they are being recorded by others since the standoff goes on long enough to attract ALL the attention in the neighborhood.
So, ALL seven cops, with no prior coordination, jointly decide, "Oh, shit - he didn't have a gun. Johnson - put your throwaway into his hands!"
Not a single cop thinks, "Hell no - this is being recorded. I'm not going to jail over this crap!"
Riiiiiiiiiight.