According to the article:
"Once he entered the car, the victim fired one birdshot round at the car, shattering the passenger’s side window."
Was the suspect fleeing or was he about to retrieve his own weapon or even use the car as a weapon?
Until the car is moving away from you, how can you be sure that the perpetrator is actually fleeing?
IMO, had the victim been charged, way too much reasonable doubt. Smart move by the police to leave him alone.