[zincwarrior]

Where are you located? Every jurisdiction in the United States that I'm aware of allows the use of deadly force to apprehend someone who has committed a dangerous felony. No immediate threat is required.

What dangerous felony had he committed again?

EDIT: IN Texas its a different standard:

B.Parameters for Use of Deadly Force:
1.Officers may use deadly force only when the officer reasonably believes that the action is in defense of human life, including the officer’s own life, or in defense of any person in imminent danger of serious physical injury.
2.Officers are not authorized to fire their weapons in order to subdue an escaping suspect who presents no immediate threat of death or serious injury.
3.System Police policy C-3 requires an arresting officer to identify themselves as a police officer and to state their purpose before effecting an arrest. The officer should communicate this in a clear, audible voice.
4.When possible, before using a firearm, officers shall identify themselves and their intent to fire.
5.An officer may also use a firearm under the following circumstances:
a.During range practice and qualification or competitive sporting events.
b.To destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured. The officer will obtain a supervisor’s permission before taking such action.
6.Officers shall adhere to the following restrictions when their weapon is exhibited:
a.Except for maintenance or during training, officers shall not draw or exhibit their firearm unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy.
b.Warning shots are prohibited.
c.Officers shall not fire their weapons at or from a moving vehicle except in defense of life.
d.Firearms shall not be discharged when it appears that an innocent person may be injured.

http://www.utexas.edu/police/manual/a12.html