Well, I hear what you're saying, but my concern is that if something FIRM (like being fined and fired) isn't done with him, then guess what message that is going to send down the ranks? Why would the average policeman give a care about beating the brains out of one of these folks, if the leadership isn't held accountable?
I do think it ironic that he no longer has plausible deniability for the "accidental" deaths that invariably occur under such ROE.
This guy is SO screwed.