Had he been a muzzy or a gangbanger, he might have. Normal people don't shoot in the air, even if surprised the man didn't lose his voice or his radio or his ability to go 130 yds. Perhaps he might have shot into the ground, but an counter-sniper might have seen that and thought of a different scenario like fake cop w/weapon. There are traitors in USSS, but also good and they can shoot.
He could've shot five times quickly into dirt next to the evergreen trees, dropped his weapon, raised his hands and said to his partner, "Help me, bro! Alert the command post!" and then (repeatedly yelled to all other cops in his area) "The guy on the roof has a rifle! Let's get him!"