The fact that Brooks was fleeing is proven by the fact that he was shot twice in the back. The fact that he did not represent an immediate threat to the lives or safety of the police officers or anyone else results from the fact he was nowhere near anyone when he was shot and he had fired the second dart of the Taser he had taken so he had no weapon to harm anyone with. Shooting him did not meet the requirements laid out in the Tennessee v. Garner decision.
I was referring to him being a threat to others.