He came out with hands up and was losing his footing. He didnt have a gun on him. It looks to me like hr was shot by the shooter on the right, dropped his hands and was shot again. Incidentally...when an armed person is shot at that close range, the first thing law enfforcement does is remove the weapon. No weapon, they knew it. They started shooting the vehicle when it was initially stopped, when everybody inside was holding their hands up except for the girl in the back, a Christian singer, who was on the floorboards. When they shot the stopped vehicle repeatedly is when lavoy took off. He bailed because he was drawing fire. Nobody returned fire, there was no shootout. They complied until the feds started shooting at the stationary car full of people with their hands up.
Lavoy came out with his hands up and asked to talk to the sheriff. They shot him, his hand dropped, and they shot him some more.