"use, carry, or possess," : You failed to bold use. Seems they used their weapons if I remember correctly.
But there is a big difference between attempting to convict two LEO's for using a firearm as as opposed while attempting to apprehend a criminal (LEO's are authorized to use the firearms they are issued by their Departments) as opposed to "illegally discharging" a firearm. Again, this is why Sutton altered the statute in the first place.
Then the convictions should be reversed on appeal but they weren't and the 5th isn't known as a liberal court.
And being a "conservative" doesn't make you immune from making mistakes or even boneheaded decisions. History has proven that in spades.
Last I checked, conservatives were human as well.