Rugerdude, that logic can be extended back to they should have shot him while he was still sitting in the car. After the heat of action, arm-chair quarterbacking can be an obnoxious thing. With video though it becomes a viable exercise.So what if he hadn't pointed the gun at anyone yet? That just leads to "Well, he was aiming it, but he didn't fire it" and then "Well, he fired it, but it didn't hurt anyone" and then to "Well, he shot somebody, but he didn't kill them"
Until he rasied the gun to at least horizontal the cops had no idea if he was going to surrender or attack.
If he was going to surrender, he'd have done it by then.