Charged for what? The guy fired on them, right? Fleeing felon rule: check. Now, unloading your gun in the direction of a home which may or may not be occupied, no bueno. A flier could've smoked someone else.
In the 2017 shooting the perp was hiding behind a mattress when he was shot. The officer gave him a command to show hands, then before the perp could respond, shot him.