If you look closely he didn't have the pistol in his hand when he turned round and held his hands up. He'd thrown the pistol a few feet down behind the fence before he put his hands up and it was found by a policewoman while he was being given first aid.Seriously? He had a pistol in his hand and turned round towards the cop, having already run away from said cop. With the adrenaline in that situation you really think in that tenth of a second anyone would make the right call?
There are issues with US policing that I have seen. The Daniel Shaver shooting was murder in my opinion. This was perfectly understandable.