is constitutionally barred.

Hopefully that guy gets the help he needs outside of prison. The attorney for one of the wounded women says the cops should be charged, but the article didnt say what course of action that attorney was taking. With that kind of attitude in the DA's office it is unlikely there will be any repurcussions for the cops unless it is civil.

Just unreal.

I wonder if the DA is doing this as a hedge against the bystanders suing the city because the cops were shitty marksmen?

during a drug bust. The SWAT clowns came in like gangbusters and started shooting. A cop was hit and killed by another cop. The forensics showed that bullet was fired from the other cop's gun. The guy was charged with murder even though there were NO weapons in the house except the ones the police had.

It's a longstanding legal principle -- the felony-murder rule. If you're engaged in committing a felony, and in the course of that someone dies, you're guilty of murder, no matter who shot whom. Stan and Ollie rob a bank, a bank security guard shoots Stan, and Ollie is guilty of murder.

The new twist in the OP is extending this idea to bring felony charges against a guy who was, essentially, jaywalking. This really seems like nothing more than pre-emptively covering for the police.

Sitting on a couch in mere possession of drugs endangers no-one.

I don't do criminal law so I don't know if this has ever come up, but there may not be a requirement that the felon be posing an immediate danger to someone else.

Of course, regardless of whether felony murder applies, it's clear that a SWAT team busting into a suspected drug operation should exercise some care with their guns. They may be wrong (police have busted into the wrong house before). Even if they're right, indiscriminate shooting may unnecessarily kill or injure one of the perps (who doesn't deserve the death penalty) or, as in the example given, one of the law enforcement people themselves.

Therefore I don't know that I'd go along with 'legit'.

I don't think we have any sense of proportionality anymore in our institutions.

Sad.