He was in the car, but this was clearly negligent homicide. 'Did I shoot him?' is something a cop should never ask.
Just watched the video, and I can see a couple things wrong with the way the stop went down. First of all, letting the guy stay so close to his open car door is a bad idea. But the cop not knowing she had her gun pulled (she claims she thought it was her taser), is beyond comprehension. And even if it was a taser, that looked like a less than good situation to let it rip. Several bad decisions. One of them made by the guy trying to flee. I’d say it’s about one third the driver’s fault, and two thirds the cops fault. Negligent homicide might be about right. Lose her job, a few years probation.