Not entirely true.
If the one using the spray is using it as a prelude to a further attack.
One could be justified in using deadly force top protect oneself.
As far as the police they have exceptions that allow them to use reasonable force and not be attack for it..
I guess as far as the Denver shooting goes (not pepper spray use in general), photos show Mr. Keltner was actively backing away from the shooter, and police officers were only a few feet away. So, it might be difficult for the shooter to reasonably argue that he considered pepper spray to be a prelude to further attack. And video/stills from the scene (and probably the photos that were withheld by the Denver Post, to promote their pro-Dolloff narrative) show the unlicensed 'security guard' (Dolloff) drawing a bead on Mr. Keltner, before any pepper spray was released...
And yes, If you're running at me, spraying pepper spray at me while holding a knife or gun, I'd drop you like a bad habit.
But this wasn't the case, was it?