Hard to say since we dont see the shooting but I'd say yes. I mean, why was he escaping ? did he have something to hide ?
Now that I said that, remember this: the cop was dumb. You dont ever, under any circumstances stay in front of a car. You should rather be in a 45 degree angle and at least, 12 feet away. Also, if a driver refuse to get out of the car, you use the pepper spray, remain 6 ft. away and wait 10-15 seconds and then take the fucker out of his car. That's the normal procedure, not what you saw.