Did he have possession of the firearm when shot, no. If he had not been shot would he have been charged probably a 99% chance.

When he exited could he still have reached attacked the officer, yes. Were his hands really up, I don't think so. They were not up as if he was really concerned about being shot. While yes it was no " fighting" stance it also did not look like a complete surrender either.

Did he have a history of assaulting officers attempting to due serious bodily harm, yes. Was he just a felon, no. He was convicted of shooting at officers with the intent to do serious bodly injury.

Did he do a lengthy stay in prison where we was told to do specific things and learned to follow specific orders, I would yes.

To be honest it could go either way. We don't know if any other weapons were recovered from his person. We will never know his true intent and we have not heard the officers actual testimony. If the officer can actually articulate his reasons well that will be good for him. But like I said it could go either way.