7.62 -The case settled for 20,000, kind of an indication there was not much merit to it.
The City of Marana is 30,000+ so I’d be willing to bet they had patrol rifles. That would create less danger than a handgun, and an almost certainty of death to the subject. In this case the subject survived, although the force used was almost certainly not chosen to accomplish incapacitation without serious injury or death.
Jer - This was a rapidly evolving situation, the man had (reportedly) already threatened officers by pointing the weapon at them, he was approaching a business area where the likelihood of injury to bystanders would increase. He could easily have walked into a business and taken hostages or injured or killed occupants. Given the same fact situation, a rational calculation of the likelihood of this guy killing someone in the next 10 - 20 seconds (the minimum time it would take to the unit with a patrol rifle, take position and fire a well-aimed immediately incapacitating shot) is high.
Based on that, the most immediate way of ending this threat was the action this officer took. Granted he hit a fence, and there could have been someone by it, but with all the siren activity and units on the street, that was not very likely.
The courts have been cautious in second-guessing the actions of officers in rapidly evolving situations like this, in fact in the case of Graham v. Connor, the SCOTUS gives specific instructions as to how such cases are to be judged - from the perspective of the officer at the scene, having only the knowledge that the officer had at the time, not using 20/20 hindsight to judge the objective reasonableness of the officers actions.
It is also necessary to remind ourselves that this man had 1) robbed a 7-11; 2) committed aggravated arson by setting an occupied church on fire; 3) broken into a house and stolen a vehicle by force; 4) stolen a weapon, by force, from a Wal-Mart; 5) aimed said weapon at a police officer and then fired rounds into the air. He may be mentally disturbed, but that is a moot point, his clearly escalating actions give any sane person probable cause to believe he poses an immediate threat of death or great bodily harm unless he is arrested (seized) without delay. In such cases lethal force has always been justified.
Just my ‘expert’ opinion.