Well... if he was told to drop it, wouldn’t he have to grab it with his hand so he could do so? Maybe he should have had a magic gun that he could drop on voice command. /s
I seem to recall a story covered here some years ago about some poor schlub who was shot in his car by a cop (don’t recall whether the guy died).
In that case, one cop was shouting at the guy to keep his hands on the wheel. The other cop was shouting at the guy to get out of his car. Only problem was, the guy had his seat belt on. He was a dead man no matter what he did, wasn’t he?
http://www.8newsnow.com/Global/story.asp?S=12801643
"If I give you a command to drop the weapon or get on the ground, or whatever I happen to do, and you don't comply with that and you have a weapon in your hand, you continue moving forward and pointing at me, I'm going to definitely think that my life is in danger. I would definitely think, in my mind, that you're going to shoot me," said Metro Capt. Patrick Neville.
So which is it, Captain Neville? Drop the weapon or get on the ground? You can't have both, and then shoot him when he chooses to obey one.