Yes, he had justification. I don't recall the details at this date, but believe the guy was running from an armed robbery and was deemed a threat to the public.
Since I last posted, I recall another cop who popped a bad guy with a .357. The officer had responded to a robbery-in- progress call at a convenience store. When he and another unit arrived, the second officer took off after one crook and the guy I knew (we were in high school together) struggled with the other of the two bad guys. That individual wrested the officer's shotgun away from him and began whamming him over the head with it. He drew a S&W M28 (I think it had a six-inch bbl.) and fired at the guy just as he passed out. He was in immediate fear for his life.
When he came to, he was told that he got off with a concussion and bruises. The thug took a handloaded 125 grain Sierra bullet in the side. It followed a rib around and exited the man's back, doing a lot of damage along the way. I think this guy lived and was sentenced to a lengthy term.
My friend wasn't supposed to be using handloads even then, and this was probably circa 1980. I recall that it was on the TV news that night, and I asked him about it later. The bit about the handload never came up, so he skated on that, but began carrying factory ammo. I think he mentioned going to a 158 grain bullet, in hopes that if he hit someone that way again, it might just break the rib and penetrate.
The part about that bullet following the rib around and exiting may seem strange, but the late Col. Charles Askins ran across a similar case, in which an American GI was shot in the head by a German with a P-38 during the massacre by the SS at Malmedy. The 9mm bullet did the same thing on his skull, and he was later recovered and treated by American medics. What must be the odds on shots like this?!
Remember: if you ever have to choose whether to shoot someone in the back, cops in many states get away with stuff that may get the ordinary citizen in deep trouble. It's probably best to not do it unless you can tell the investigators that the man apparently was just changing position to better fire at you or was turning to menace an innocent third party.
Lone Star