That's not how the law works. In a case like this, all the events that led up to the moment he was killed are relevant as per the supreme court. They'll have to investigate both the officer and the activist and see how the law applies to it.
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Yeah, sure, they'll "investigate" it. For some definition of investigate.
I'm not sure if you've been paying attention at all lately, but saying "let's investigate" with the current administration is farcical at best.