I think the judge has got this exactly the wrong way around:
Sgt Wolsey had been asked by a supervisor to arrest the man, wanted over terrorism-related offences. .. Sgt Wolsey stated he and Sgt Bates spoke to the man who spun around, pulled a Browning pistol out of his pants and fired.
Judge Flannery accepted it was a reasonable possibility he may have focused on Sgt Bates during the arrest, not noticed Sgt Wolsey, and fired a “warning shot in panic”.
But wait, there’s more: Bleeding Hearts Judiciary
A judge slammed the feds yesterday for the successful sting that snared four Muslim converts in a plot to bomb two Riverdale synagogues and shoot down military planes upstate.
“I’m not proud of my government for what it did in this case,” Manhattan federal Judge Colleen McMahon said before sentencing the last of the anti-Semitic schemers. (Source)