LMAO! Please, it's not even close to that. This is murder, at the very least.
I'm speaking in terms of California law and giving the cop the benefit of the doubt he thought he had a taser in his hand and not his gun. As I posted earlier, I find that a bit hard to believe too.
In law, what you think and what you can prove are two very different things. California has certain elements for a murder conviction, in this case you would have to prove the cop knew he had a gun in his hand not the taser, again, benefit of doubt.