He fired at the police through the garage, according the article.
"...after __believing__ they heard Seacat fire several rounds."
Seems like that isn't even 100% certain.
I'm reminded of the many videos of police assaulting people while shouting "stop resisting".
Gee, so how much uncompensated destruction is permitted if the police are fired upon? What if they leveled the block? What if they drove a tank through the neighborhood, destroying everything they passed on the way. Or every building the shoplifter was suspected of having entered?