No doubt they fired shots almost the second he texted the vehicle - and considering they apparently broke the window right next to his face, I'll even agree they were shooting at him. Whether that was their intent or not, popping off rounds that hit that close, I think it's fair to call shooting at him - and I'm not trying to justify those shots. But when you look at those supposedly synced videos, he's still up and stomping around, continuing to tell them what sounds like "you're going to have to shoot me, go ahead and shoot me", going from both hands up, to reaching towards his waist, to hands up, back to reaching towards the waist. From what you hear and see on that combined video, it doesn't look like they dropped him until about 14 seconds after he exited his truck and reached towards where he was known to carry a handgun more than once. Maybe I missed something in that video and one of those first few rounds hit him, but the way he's stomping around in the snow doesn't lead me to believe that. I'm no video analyst - I could very well be wrong. I'm just stating my own personal opinion of what I see in that combined video.
Again, I'm not justifying it either way - I wasn't there. But I don't agree the cell phone video supports the idea it was unjustified - I think it hurts that position more than helps it. The FBI seeming to cover up at least one shot that was fired makes me very, very skeptical of all of their actions, but that cell phone video just plain does not show the guy was murdered.