The picture is not of the quality to determine that....which is not all that essential to her defense anyhow...he could have easily and quickly popped the door open and grabbed a gun....now personally I do think she should have waited a tad longer....but it was her life on the line...not mine...so if on the jury I would vote to acquit...based on what is known at this point.
The picture really means nothing.
The prosecutor has all of the follow up investigative findings. Those reports will show very clearly what the state of the vehicle was. Windows up/down and if the vehicle was operational. No doubt all of those findings influenced the decision to file charges.
The defense will have the toxicology report.
The thugs criminal record. The number of times he had been arrested while in possession of an illegal firearm.
Whether his ID has on his person or in the vehicle.
The existing charge will be dropped.
The LEO will plea to a far lesser charge and be reassigned to a 'desk job' so she can keep her pension plan.
Sure, but none of that justifies shooting someone dead. The prosecutor has a solid case. The defense really only has the "big, scary black man" defense. It's simply not enough when combined with the video to raise reasonable doubt in the prosecution's case.
Remember that video will be seen over and over in court. Officer Betty already admitted to being emotionally compromised. Will she testify to her state of mind in open court? Not likely as that makes the prosecution's case. Then who will? What will the other officers on the scene testify to when none of them fired?
If I were her counsel, I would advise her that her career as an LEO is over and you really only have two choices. Go to trial and risk jail time or plead to a lesser charge and likely get probation.
The "scary Black man" had an extensive criminal record which all the LEO's on the scene KNEW about before they left their patrol cars.
He had 'weapons' charges.
He was a gangbanger thug.
He CHOOSE not to obey lawful commands numerous times to get on the ground.
He reached into his vehicle.
He made a move to quickly withdraw his arm from the vehicle at which point he was shot.
Those are the facts any jury will learn happened.
PRO TIP:
The Police Union's lawyers are the best in the country.
It is they who will recommend to the LEO involved what to do.
I 100% guarantee you the Union lawyers have already determined to defend the LEO.
She's going to walk.