Not over, well away from and backing yet further away while surrounded by the police. Even if we say they thought he had a gun, he was not aiming anything at anybody and should have at least been given a standard "Drop the gun, put your hands up, get on the ground, etc." before officer dick just opens fire in a place he should reasonably know might have other innocent people around and behind said suspect.
Since when is coming around the corner on a guy who has fired no shots, is not coming at you or anyone else, and you are not sure has any weapon much less a gun and simply opening up on him ever going to be the right call for anyone in the US? You have this shoot in iraq in a dark hallway in a home you just kicked the door on, I get it and I could see the reasoning. This is not that situation, and the cop is 100% at fault. He put himself in the situation while even the other cops were telling him "Slow down, hold on, etc." ignoring them and simply getting himself on the scoreboard, with no thought to the consequences.