I don't care if he did "assualt" a cop or if his hands were up or how many convenience stores he robbed... once the individual is not actively attacking you, you have NO LEGAL GROUNDS for use of lethal force. Consider it in the context of a civilian. Would a legal gun owner be able to shoot a fleeing perpetrator who assaulted him and not end up in jail? ... No he would end up in a cage regardless of what the suspect did. Police have no additional rights above any other citizen regardless of how much they think they do.