[MeganC]

There is no way this is a murder one case. If the DA persists in that, the cop walks. That may be the intention, for all I know. There is a premeditation element to murder 1 that is absent from the facts n this case.

The police officer already had his gun drawn in a situation that did not warrant deadly force. There's your premeditation right there. Before the police officer fired the shot he drew his weapon and by unholstering his weapon he made a statement of an intent to use deadly force.

The teacher I had for my CCW class comes back to me: "Don't draw your weapon unless you plan on using it and don't fire your weapon unless you plan on killing someone."

The same rules apply to cops.

[Cboldt]

-- The police officer already had his gun drawn in a situation that did not warrant deadly force. There's your premeditation right there. --

That's not enough or even the right kind of premeditation, especially not for a police officer who may routinely draw as a matter of precaution.

We civilians are in pretty much the spot your CCW instructor said. Brandishing is (usually) asking for trouble.

-- The same rules apply to cops. --

No, not quite, not when it comes to brandishing, and not even when it comes to using deadly force.

See cop who drew leather in the pool party incident. Caught a bunch of crap for it, but no brandishing charge. If you did that, you'd be hit with a brandishing charge.