Did you see the car cam footage posted above? If one can get to an individual as dangerous as the boston bomber from that video, I'd like to really understand their thinking. It's pretty clear (to me) that the guy in the car is scared. You can tell by the way he's fumbling through his answers about the car. If a defense attorney can get a jury to believe that this guy was getting ready to go on a rampage and be a sever threat to society off that footage, he/she is a miracle worker at picking a jury and a fantastic salesman.
I was using a hypothetical to establish a baseline point, which is that "If a person is a danger to society, the Police can shoot to kill if he is escaping."
"Outrageous" comparisons (i.e., hypotheticals), are useful in that they help clarify a general rule. We then need to look at the facts of the situation through the lens of the rule.
So. I wasn't comparing the two in substance, but in type: An unarmed person fleeing. If it is ok for the police to shoot-to-kill in one set of facts, let's look at the "why" (i.e., justification), and then comparison to another set of facts.
Anyway, I was really just trying to determine how he would argue he was innocent. If a grand jury can refuse to even indict the police for the Eric Garner death, I can see a jury acquiting.
But I was really just asking the point to people who know criminal law: "Is it true that if the Police think someone is a serious danger to society, they can shoot the unarmed fleeing person?" If so, then I could see the Officer making this argument.