It is 100% confirmed that Doloff drew on Keltner before Keltner deployed his pepper spray (and while Keltner was backing away). It is possible that Keltner managed to start deploying pepper spray before Doloff pulled the trigger, but even that is doubtful. Regardless, Doloff initiated the use of deadly force before pepper spray was deployed.
In order for your premise to ring true, you have to believe that Doloff was guilty of point a firearm without cause. I don’t see it that way.