5.56 NATO? Nope -- it upsets (tumbles) on impact and breaks itself apart, basically shedding most or all of its energy in the target. (Unless, of course, you miss.)
That's the designed intent, and that's usually the way it works, however, that's not ALWAYS the way it works.
I've spoken with Viet Nam combat vets, and several have recounted, from personal experience that sometimes at very close and point blank range the 55gr FMJ they had (M193 round) would NOT tumble or break apart just drive a .22 cal hole all the way through. They said there was no consistency or pattern they could tell other that sometimes at point blank range it didn't do the "tumble" and was not an effective stopper when that happened.
The usual guess why that happened was that they thought the bullet was going to fast, and was out of the body before it could tumble. No proof of course, just that is what they felt must have happened.
I've heard of the current round (M855) doing something similar, failing to tumble or break apart, at long range (250yds+) when fired from the short barrel M4 carbines. Prevailing theory there is the bullet has lost too much velocity by the time it gets way out there to tumble and break apart.
This is also, an apparently doesn't happen every time thing. I'm not going to guess why, only note that while not the usual, failures of FMJ to do the expected have happened often enough to be documented as a real thing.
Here's my big question of the moment, why isn't he also being charged with discharging a firearm inside city limits?? They could easily convict him of THAT.

Was he inside city limits??