[dragnet2]

You don’t know that. The phone could have been on the dash/instrument panel. If she had it in her hand with her hands up, they would have told her to drop it.

[Major Matt Mason]

Yes, and we also don't know what actually transpired here (other than the passenger being shot) since the video begins after the incident. We are just assuming the cop is guilty, or at least that is what I'm reading in the comments here.