That's not what happened BM, bear in mind that the responding officers had been prepped for a homicide/hostage situation while Finch thought it as just a mix up so went out to find out what was going on. He'd started to lower his hands thinking that it was all a misunderstanding that was about to be sorted out when one of the officers told him to raise his hands again so he did quickly. Unfortunately all another officer on the other side of the road was the poor bastard quickly raise his hands from close to his waist and thinking he had drawn a gun, acted. And now both his family and the officer who took the shot have to live with the consequences of that bastard's actions.
Swatting has become more prevalent over the last year or so and it was only a matter of time before a tragedy of this nature was going to happen. Personally I think that this should be treated as murder by proxy in order to dissuade any other arsehole from doing the same thing in future.