Sounds like you may be defending the criminal or degrading the police. I'm sorry but it you're walking around 'just firing into the air' then you're a threat. Therefore, lethal force by any means is justified in my opinion. He did give up after being hit. He could have kept fighting/firing, but he chose to surrender.
I'm not defending or degrading. I spent many years as a cop before I retired. My opinion is that different tactics could have been used. At the academy, we were taught to use deadly force if mine or someone else's life was in danger. Shooting in the air does not put me in danger. I'm not saying that he should be allowed to just walk down the streets and shoot a gun either. After he shot in the air, he put the gun under his chin. Point the gun toward me or someone else and it's a totally different story.
Again, with all the media attention these days, they are going to pounce all over it. The Today show this morning is already making an issue about the officer who drove the car stating that he is a former NYC PD officer who was the subject of an investigation and a suit that resulted in payment by the city. There have been way too many shooting incidents by police in recent history that are leading to prosecution and I think more training is needed.
It's getting tougher to be a cop nowadays and with public opinion fueled by the media it's only going to get tougher. With the pay and benefits they are getting and the risk of being sued, it's just not worth it anymore to go home with just the good feeling of helping your community.