That is a VERY different situation. If you were in a firefight you don't have a lot of time to think especially with bullets and rpg's flying over head. While the cops might not have had a lot of time to think as well, I think that if a person that was stoned(me) and not paying attention(me) to this video could see that he clearly threw the "gun" on ground and not pointing it at the police. Then I think about 20 cops without bullets flying all around them would and should be able to make that distinction as well. If not they aren't fit for duty just like about 3/4 of our police force. Also they are dumb as fuck for letting their dog go and then shooting? They should have done one or the other.... What did they think would happen?