Bet this goes down as accidental discharge.
I agree. Either it is murder or an accident. I think murder would be hard to prove unless the officer knew the guy or was a member of al-Qaeda.
Because he DID intent to shoot. Unlike you or me he will face no serious consequences for his actions. The odds of any criminal prosecution for this blatantly criminal act are basically nill, and any civil action will be born by the NYC taxpayers.