Amazingly, the Brown’s attorney said that even if Brown assaulted Wilson and grabbed for his gun, that was not enough to shoot him because he had attempted to flee. I disagree, but this case will hinge on whether Brown charged Wilson after the first encounter. The position of Brown’s arms in the street would indicate he was NOT surrendering.
One thing I haven't seen mentioned is the possibility of suicide by cop. Brown had drugs in his system, and knew he would most likely see prison time for the strong-arm robbery and assault & battery of a cop, so he said what the heck and went running at the cop for the final encounter. Suicide by cop. The cop had no recourse but to shoot to save his own skin. Cop was dazed by the beatdown received prior, and kept firing until threat stopped.
My view is that if a perp goes for the officer’s gun, it then gets into attempted capital murder of a peace officer.