Trying to kill someone crosses this above another threshold. IE, why would Brown try to kill a cop instead of run away... over a box of cigars?
And we know it's over a box of cigars? We have some magic device that can tell us he committed no more serious offenses?
And we don't even know that he was trying to kill the officer. Maybe the idea was to disarm him and escape. (Not that that would change anything. The officer isn't required to trust his life to hoping the guy won't shoot.)