And he’s got it up and ready to fire, not down or behind his back for a “just in case.” He’s ready to start popping, high ready. All he’s got to do is extend his arms out and start shooting.
If there was nobody around, and every cop knows about the 21 foot rule, why does he get within 10 feet? He puts himself in danger if he does that. And shoots the guy as he’s turning away?
He’s toast.