There's no way a cop would try to get physical with a BG of the same size before pulling his weapon non-lethal or not
A cop would never get into a physical fight?
You don't hang around too many cops do you? They usually end up getting into quite a few fights.
Simple reason: You can't shoot someone (legally) unless they have a weapon or are clearly capable and intent on killing you with their bare hands.
Now if you are handicapped or physically unable to fight, then take your chances. The jury may be quite a bit more leniant on you. But a person in good health shooting an unarmed man regardless of the cirsumstances is going to have some pretty bad odds against him in the courtroom.
I know the saying is that it's better to be tried by 12 than carried by 6. I'd rather avoid both.