Nope:
Masked and out of uniform, Byrd did not identify himself as a police officer, did not give Ashli verbal orders to stop, nor give her a chance to comply. He did not “diligently assess” the situation before firing. He never considered any other defensive tactics or compliance techniques. He disregarded the presence of seven other police officers in his line of fire. And as incident commander for the House, he appeared to have no comprehension of who was in the Speaker’s Lobby or the House Chamber or what was going on around him. Most critically, Ashli did not pose “an imminent danger of death or serious injury.” When Byrd fired, he did not even know she was a female.