The radio description of robber would have noted his physical assault on the convenience store employee... making him sound dangerous....that would have played into the police officers information on the burglar. The fact he was assaulted also would have intensified the officer’s fear for the public.
So there is a lot going on here when the confrontation took place. Brown’s size was also a factor in policeman’s decision, the adrenaline flow, and Brown’s first resistance made the hands up seem fake to the cop. Just saying.
IF that APB was out the POlice should be able to provide recordings/transcripts.
They will have to close this "Suspect in Strong-Armed Robery" loop with evidence. I suspect they would not make the assertion if they cannot.
They will have to show this officer was aware of the robbery, it happened before the deadly confrontation AND the officer was aware of the description.
Absent that, they will have to show the officer was under imminent threat. INITIAL reports says they can't do that.