Actually, no.
A lot depends upon range (anything other than face-to-face is pretty long range for your avg gang banger and for a 40 S&W - muzzle velocity drops off quickly) and also the striking point. It appears that the officer who was shot in the face was hit a glancing blow, since it traveled along his cheekbone and exited at his ear. The path of the other wound is not as clear bec. "back" covers a lot of territory, but if he has already been released from the hospital it was another glancing blow, as shoulder wounds are uncomplicated only in Westerns.
So the narrative that's being presented here seems fairly plausible.
They won't try him on admissions alone (thugs talk big all the time). Unless he was smart enough to ditch the gun, they'll have ballistics etc.
Well I would say that as the velocity of .40 cal decreases the strike power increases so if it hits the cheek at only 400 to 500 ft per second its going to expend all its energy right there and kill you dead.
A .22 at high speed deflects off a glancing blow so to speak. I am curious to see what the ballistics show.