Um, no. Since the “witness” was at least 50’ away, his response to the occurrence is meaningless. Doesn’t prove anything except the guy thinks the perp had his hands up in surrender.
He could have had his hands up and then said as has been reported...you are not going to shoot me, and then rushes the officer that is still dazed from the punch he took.
Who knows
Also the one contractor reportedly said he spent 30 minutes with Big Mike just before the shooting,according to him Big Mike was trying to lead him to Christ.
I guess if he was on the stand testifying, I might ask him if he was surprised to learn that Big Mike went straight from trying to lead him to Christ to robbing a liquor store and assaulting the clerk
Would ask him if he appeared to be high, did he shear a joint with you? By this point we will know if there was anything else in his system