actually, That would make it worse for the cop... That would be motive for murder 1.
No - it would make it more likely voluntary manslaughter. Again...
“Federal law defines voluntary manslaughter as the unlawful killing of a human being without malice [u]pon a sudden quarrel or heat of passion.”
State law may differ, but if there was a sudden quarrel, it could easily be argued that the act of drawing and firing was an extension of that quarrel. See post 133. I anticipate that the cop will (wisely) take a plea to voluntary manslaughter with a 10 year sentence, reduced to 5.