A police officer may not seize an unarmed, nondangerous suspect by shooting him dead...however...Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force.
— Justice Byron White, Tennessee v. Garner[3]
Well, if the felon just committed a drive by shooting, this would seem to fit the bill to me.
The officer has just been charged, so I guess the gov don't think so though.