Just saw a breakdown of scene with gun being taken off the dude. Replying here cuz I don't wanna get into it with a crowd, but it seems like the guy might have been fighting to reach his gun, no? And while the removal of weapon took place a split second before shot was fired at him, it's conceivable the shooter didn't see it.
Slightly annoyed with myself for even feeling need to comment, or "race to form correct opinion" (something I criticized earlier this morning)...