While I understand the point you are trying to make there is a huge difference between your example and an old man having every reason in the world to believe his house was being invaded by armed bad guys. We only have what the cops said to go by and while I am not accusing them of lying they would have a HUGE reason to lie if it didn't go down like they said. Even then, how much time was there between them identifying themselves and the first shot? Perhaps the old man was putting the gun down and he didn't do it in a safe way (causing the muzzle to point in the direction of the cops on its way down)?
At the end of the day it all boils down to this, at least in my mind:
The man had a legal right to be there.
The cops did NOT have a legal right to be there. As a matter of fact the cops usually call that sort of "mistake" breaking and entering. Most of them are quite happy to inform you that ignorance is not an excuse and will arrest and charge you even if you were completely ignorant. In a life and death situation where you can VERY easily get innocent 3rd parties killed I refuse to accept ignorance as an excuse. I especially don't accept some bullshit like "it was dark so we couldn't read the numbers on the house"..... you gotta be shitting me. If this amount of negligence caused someones death on one of my job sites someone would, rightfully imo, be going to jail for negligent homicide.
I don't accept ignorance as an excuse, I think these cops should be charged with negligent manslaughter. My point is that, if their story is true, they are not
wholly responsible for the man's death.
Here's another scenario. I'm sitting at home with a loaded gun pointed at my head and my finger on the trigger. No suicidal intentions, I'm just sitting there like that. The cops kick down my door by mistake. The shock of their entry causes me to reflexively pull the trigger, and I die.
Whether the cops caused the situation or not, I put myself in the position for such a situation to kill me via an idiotic lack of gun discipline. If the cops' story is true, this man is guilty of the same thing in principle IMO.
Granted the cops have a great incentive to lie if things really did go sideways, but I can't honestly pass judgement on that suspicion. If we're going to judge the situation objectively, we can't let our feelings about horror stories (about
other cops) or general statistics bias the judgement. The question is of the actions of these two specific cops. I wish we had conclusive information beyond their word, but for now we don't.