Dead Over A Misdemeanor

I have a dream where I will not be shot by the police unless I am committing a capitol offense.

The recent shooting where someone got dead for losing control of a poorly controlled firearm (it was sticking out of a pocket) while apparently helping the cops subdue a suspect.

The cops, on video, don't seem to care that he's helping with the subduing.

The cops, on video, don't seem to care that he's openly carrying a gun sticking out of his pocket.

But when the guy disappears from view, and appears to be falling down too, they start screaming GUN GUN GUN and shot him dead right there.

I've got some questions.

Is brandishing a capitol crime?  I suspect not since they've a statute in Oregon 166.190:

Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. 

 I've lived places where pointing a gun is assault with a deadly weapon.  In Oregon, it's a misdemeanor!

To run up a felony you've got to actually pull the trigger, and even then the results of the shot figure large into the charge that results.

The deceased losing control of his gun, while helping the cops, gets ventilated over a misdemeanor.

After the cowardice of Broward and knowing Warren v DC... The police are having it both ways.

They don't have to do anything.  They get to kill virtually anyone they want under the mantle of officer safety.

Cops, that mantle can only be assumed if you have a DUTY, to enter the fray.  Warren says you don't.

I don't care what your policies read on the subject, because when someone tries to sue you for not following those; your lawyers will be hiding behind Warren and you know it!

So, pick:  You either don't have to do anything and cannot be held liable, or you do have to do something and cannot be held liable.

Choose now, choose forever.