I saw a video, taken from within the vehicle in which LaVoy had ridden. There seemed to be a hail of gunfire (more than a dozen bangs/shots, at least as pertains the sounds that could be heard). It may be that many were flash bangs, intended to convince whomever that they were being fired upon, and their only chance for survival would be a shoot-out, thus provoking gun-fire. That's an awful trick. Nonetheless, LaVoy kept his head and (the video shows) was not reaching for any gun when he was felled.
The Oregon state investigation disagrees with you. Perhaps you should file a brief with the court explaining why they are wrong.
In response to your FReepmail, I’m quoting the prosecutor who is citing the Deschutes County investigation that determined the shooting was justified.
http://www.freerepublic.com/focus/news/3565056/posts?page=9#9