His hands were clearly up and was poseing no threat. You are grasping for staws.
Looks like the right hand is the culprit to me, at :58 (http://www.ksat.com/news/ksatcom-exclusive-unedited-video-of-fatal-deputy-involved-shooting) you can see him lunge it downward quick toward his waist band (if you pause/slow down the video), then a quick almost simultaneous pop pop.
If he was 100M away (could be closer, can't tell) the sound would travel to the dude recording the video in just 266 milliseconds. Keep in mind the LEO had his weapon drawn already which reduces his reaction time to fractions of a second. Probably why these things are termed split-second decisions.
http://www.forcescience.org/articles/tempestudy.pdf
Some forensics professional will be able to easily determine the validity/invalidity of this shoot based on basic math, the video, and the words that transpired between the LEOs, witnesses and the suspect.
Nice you can determine he was "no threat" because you were there to determine everything that transpired, all verbal exchanges, etc.
You can test how fast anyone can react to a threat and pull a trigger here: http://www.humanbenchmark.com/tests/reactiontime
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