So he just killed the guy just in case?
I'd be surprised if the cop is charged with anything more than manslaughter or negligent homicide, though in New York City the prosecutors -- even the leftist ones -- can have a strange way of dealing with a case like this. Sometimes they'll go out and get a murder indictment that they know will never result in a conviction -- just so they can say they tried to throw the book at the guy, but failed.