I know. But the whole point of that case is about whether they could use his prior behaviour to justify the shooting. They had just chased him for more than ten miles, in the course of which he had almost killed dozens of people. Therefore, when he sped away again, they were permitted to take all that information into account when assessing whether he was a serious danger to the public, and whether it was correct to shoot him. However, if instead they had been confronted with a sweet, friendly soccer mom, the calculus would have been very different.