No. That would be what a CIVILIAN (and perhaps a non-cop security guard) should have done. A law officer is ALWAYS on duty. His/her responsibility to uphold the law doesn't end when they go off shift.
I think that fleeing the scene of a crime after being told to halt by a UNIFORMED OFFICER is probably a felony.
I don’t necessarily disagree with anything you said.
What it all boils down to though is executing a person for shoplifting, or driving off after you’ve told them to stop after the commission of a non-violent act, both of which are not capital offenses.
Now, if the person is trying to drive off after an armed robbery, in which someone was shot and or killed, the person is still armed, and a real threat to the populace, I’d see it different.
Well than which is it? Is he on duty or is he working for Wal-Mart. Doing both at the same time is a conflict. IMO, Police should'nt be allowed to moonlight, but if he was on Wal-Mart's dime, he should'nt be playing the "I'm a cop" card.