There is no way this guy should be dead in the street on a clear afternoon unless he drew a gun on the cop too. Im sorry. I have a lot of allowances that I can give the officer, But not shooting him and killing him in the middle of the street. Not over cigars. Not because he was running away.
How about id the guy assaulted the Police Officer, went for his gun and ran. When the PO yelled, "Freeze!" He turned and went after the PO. Then the PO shot the perp. What do you think then? The perp was 6'4" and almost 300 lbs.