If the police were there and gunned him down, he was their responsibility to deal with, not the tow truck operator’s.
If he had tried to do anything, I’m guessing the cops would have stopped him or arrested him, or something.
The law 8n most states is clear that the police may not assist in the repo. It would depend upon a lot of facts and circumstances.
Based upon the police fabrications per the article, it looks like they will be sued.