1. He didn't obey the police commands to stop walking away.
2. He enters a vehicle, with gun drawn police behind him.
My first guess is that the police will argue, that after repeated commands to stop, they feared or saw the 'unarmed' man retrieving a weapon.
My advice to my white/black/asian son when confronted by the police, stop what your doing, drop whatever is in your hand, and obey the officers' directions.
The 'unarmed' man struggles mightily to enter the vehicle, then the police open up on him.
Struggles mightily? For one second?