GUN!

I do believe it was a bad shoot.
Given the scenario, I probably would've shot, too.

This doesn't meet the standard of murder but I do believe it'll not be ruled justifiable homicide, especially in little Mogadishu. 

Your thoughts are encouraged.

Your 2 statements are at odds with each other and the level of evidence to find guilt in court. The question is not "Should the officer have shot?" it is instead, "If you were in the officer's shoes, would you have shot?"

When it comes down to a jury all it takes is 1 member of 12 to say, "Yeah, I would have shot too" and it is a hung jury. 12 people saying they would have shot is an acquittal.

If it ever gets to a court, and I doubt it will, the evidence will come out and it will show the agents had reasonable fear for their lives will fighting with an armed person who was being taken into custody for serious charges of assault on a Federal Agent and resisting arrest with violence. It doesn't even matter that his gun was taken away from him before he was shot. If the agent looks down and sees an empty holster the reasonable thing to think is the criminal now has a gun in his possession. Him having reached back to that area and grabbing something and now having it in his hand, yeah, that represents a real threat of death or serious injury for anyone who doesn't know where the gun went. Agents aren't required to be mind readers, no one is. They are expected to act upon the available information in a reasonable way. The fact that you yourself "probably would have shot too". Means you think their actions were reasonable given the circumstances.

Yes, it was a homicide as the medical examiner ruled but the smooth brains out there equate homicide to murder and completely dismiss the idea that the homicide was justified by the dead guys own actions.