That is the best story they could come up with?
If they had time to wave their arms, why didn't their friend have time to get up from tying his shoe and get off of the road?
I do however, believe that it up to the driver to drive with such caution that they are able to stop in time to avoid hitting something or someone stopped on the road.
The officer won't likely face criminal charges, nor should a civilian in such circumstances. However, since no one appears to be saying the guy jumped out on the road in front of him, there still may be justification for a civil case.
Maybe the friends were on the side of the road waving their arms, thus distracting the officers attention from the fellow in the middle of the road?
If true, then the witnesses and victim were morons. Who ties their shoe in the middle of the road? Who believe such as story? Either we are dealing with total idiots or it is a setup for a lawsuit. I have forgotten the names and details, but there was a horrible case where a father pushed his little child in front of a car wanting to file a lawsuit.