No problem, I am not going to worry about that case much anyway. It did just dawn on me what I think happened.
I suspect the police cleared their guy who could have been charged with Man1 and in exchange the other kids in the car were not charged in the death which they could have been. Afterall someone died while they were committing a crime which is in most jurisdictions is makes you legally liable for the death.
I suspect that was the trade-off and the authorities played it up as justifiable. I suspect the off duty guy would have had much more trouble if the only suspect was the driver and he killed him. There would have been no trade-off to make then. I would not necessarily believe how it was played up by the person presenting the report.
Police shootings aren't investigated that way nor do they make trade-off prosecutions in the manner you suggest in officer-involved shootings. Further, the kids in the car would not be liable for the death because the shooting was done by a peace officer.