The suspect is holding his very shiny cell phone in a two-handed, pointing grip identical to a combat shooting grip. He is pointing (aiming) at Officer Hathorn who has just driven up on the left, out of view

The suspect is still pointing the cell phone as a gun while a police officer (Armstrong) tries to grab him from behind. Imagine what the other (off camera) officer (Hathorn) is seeing now.

Suspect turns towards Officer Armstrong who is holding his pistol at the suspect's face. Wouldn't this be sufficient to warn the suspect that he may get shot if he continues his actions?

Suspect is fighting with Officer Armstrong who is clearly pointing his pistol at the suspect's face.

Suspect breaks away from Armstrong. He has now been shot at twice and (apparently missed) by Officer Hathorn on the left (out of view.)

Suspect has his hands together in front as if he is gripping a pistol.

The two officers are now chasing the suspect. He could have stopped and raised his hands at any time.

The suspect has partially turned around. The officer on the left (Hathorn) is ducking -- a clear indication that he believed the suspect was armed and about to shoot. If he knew the suspect was not armed, why would he duck defensively?

More shots have been fired.  Suspect continues to evade officers; his hands are still not up.

This is a close up of the previous image. Note that Officer Hathorn on the left is again crouching/ducking down, apparently believing the suspect is about to turn around once more.

The suspect has been shot several times and has fallen.