If he was going to open fire on police, he wouldn't have tossed a fully loaded weapon and ran. Is that how they cover their asses? "Umm, it looked like he was going to pull another weapon". That would be believable if dude emptied the first gun before tossin' it.
One of my old boys is an Oakland cop. Needless to say, I haven't spoken to him since he got the job. He was 24, new hire, and already talkin' shit about shootin' and beatin' people that "deserve it".