So back to square one: Is this murder?
A cop sees two youths walking down the middle of the street. he asks them to move out of the road and some verbal altercation occurs. During that altercation a call comes over the radio about a strong arm robbery where the suspects match the description of these two youths. The verbal altercation continues and the parties approach. There are punches and hits exchanged. An attempt is made for the officer's weapon. During the exchange the officer is punch in the face which fractured the orbital bone. The two parties retract to feet away. The officer orders them to freeze. The largest suspect charges the officer. The officer opens fire, striking the rushing suspect with multiple rounds including 2 potentially fatal shots in the front of the suspects body.
This is the most advantageous narrative of the police side in my opinion. IF it occurred this way, is it legally "murder".
Murder 1st:
565.020. 1. A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter.
2. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor.
Murder 2nd:
565.021. 1. A person commits the crime of murder in the second degree if he:
(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
2. Murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.
3. Notwithstanding section 556.046 and section 565.025, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court.