SO FAR, it would appear the 'INGO evidence' (links to other blogs, reports, etc.) that the following scenario is emerging (in layman's terms):
* Initial contact, all appears normal.
* For unknown reasons (to the LEO at the time) suspect bolts and runs.
* LEO catches up to suspect, a relatively lengthy (1 minute IS 'lengthy') struggle ensues, over a span of some distance, now escalating 'suspect' to 'perpetrator'.
* Perpetrator gains possession of LEO's Taser, now becoming an 'armed & dangerous perpetrator'.
* Armed & dangerous perpetrator uses Taser against LEO, at least one shot (Taser may be two-shot model).
* Armed & dangerous perpetrator, having shot LEO at least once with Taser, attempts to flee.
* LEO believes armed & dangerous perpetrator to still be in possession of working Taser, making him an 'armed & dangerous perpetrator willing to shoot a cop (or by reasonable and prudent theory, anyone else he confronts)'.
* LEO shoots fleeing armed & dangerous perpetrator to (LEO believes) prevent perpetrators escape with LEO's Taser (now perpetrator's weapon).
Other, as yet unknown, factors may come forward, but at this point 'murder' appears null & void. IANAL to be sure, but that scenario appears to be plausible based on 'evidence' others have put forth in this thread.
Would a LEO be justified in using lethal force to stop a fleeing armed & dangerous perpetrator, that has already shot that LEO, in order to prevent the escape of said armed & dangerous perpetrator? That appears to be the (current) question.
As an aside: Commentary on shooting an armed & dangerous perpetrator 'in the leg' or other such nonsense is too ridiculous to justify a response. Those who believe such Hollywood nonsense have likely never been in an armed combat scenario and should seriously reconsider whether they should carry a firearm themselves.
I don't see where this has been proven, and we all heard the officer indicate his use of the taser. I'd be interested to know this officer's department's taser policy. I personally cannot use a taser on a subject that's running away, unless the subject has been violent or is considered dangerous. It's has gotten to the point now, that the taser is nothing more than an extra weight on my hip due to the specific circumstances where it can be employed.