A 4.2% hit rate??? Wow, their firearms instructors must be proud.
As to the OP, I was all about creative prosecuting back when I did that job, but this is something else...
No, you've got it all wrong. The 4.2% hit rate was for innocent bystanders. The hit rate for targets the police intend to hit was a much more respectable 4.8%. See, all the difference in the world. Or at least 0.6% difference.
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I am reminded of the Amadou Diallo case, where an unarmed man was shot several times by several veteran NYC policemen. Which sounds decent, hit rate-wise, until you recall several of them did mag dumps and ended up with a very tiny hit rate. About the same time, a buddy on a police force in a very southern city had a hostage situation with one veteran and two rookie cops. The goblin, in this case, was hit with ~75% of shots fired and resembled something more like "goblin pate" then human afterwards. Also, none did a panicky mag dump, just 3-7 rounds/officer and they stopped when the goblin was no longer a threat. I imagine their firearms instructor WAS proud.