looking at the video, you can see he has something black in his hand but the picture is not all that clear. Maybe a gun and maybe not. No one has commented on the gun in the picture. I don't know about the Charlotte PD, but I used to assist in crime scene investigation training with the Naval Investigative Service back in the 70's. Everything is photographed in the location found and in the condition found. Does anyone else but me notice that the gun is fully cocked, ready to fire? I am thinking that Mr. Scott may have been backing away, gun in hand when he cocked the gun.  The act of cocking the pistol, not necessarily pointing it at the officers, constituted the threatening act that caused the officers to fire and that makes it a justified use of deadly force.