Does it even really matter if MB was trying to take the officer's gun. An assault alone is a felony. The officer had every right to defend himself. jmo
No. It doesn't matter at all. What matters is what happened 35 feet from that vehicle IMO. No, MB didn't have a gun at that point, but the question still remains, were his hands up or was he charging the officer, thus creating the immediate need to use deadly force in order to effectuate the arrest.