From the Judges decision.
From the bottom of page 32 to 33.
So, I reject the claim that 12 seconds after the shooting began it was patently clear from the perspective of a reasonable police officer in Brelo's position that the threat had been stopped, and therefore find that Brelo's entire use of deadly force was a constitutionally reasonable response to an objectively reasonably perceived threat of great bodily harm from the occupants of the Malibu, Russell and Williams.
The state did not prove beyond a reasonable doubt that the defendant Michael Brelo knowingly caused the deaths of Timothy Russell and Melissa Williams because the essential element of causation was not proved for both counts. I therefore find the defendant not guilty of counts one and two as indicted.
The state did prove the lesser included offense of felonious assault on both counts by demonstrating beyond a reasonable doubt that the defendant knowingly caused serious physical harm to both victims. But the defendant proved by a preponderance of the evidence that he is legally excused from liability for those crimes because he caused the serious physical harm to the Victims in a constitutionally reasonable effort to end an objectively reasonable perception that he and the others present were threatened by Russell and Williams with imminent serious bodily harm. I therefore also find the defendant not guilty of felonious assault, the lesser included offense on both indicted counts.
IT IS SO ORDERED:
It is clear the Judge recognized the reasonable belief of the threat that the two posed.