The investigator looking into this was on TV this morning, saying that they would be looking at what was in the officers minds at the time, not in 20/20 hindsight. A lesson there for our IPCC, not to mention some so called gun 'experts'.
This is always going to happen, and has happened in the UK, twice that I can think of, although once was in NI, and it was a soldier that did the shooting. The other was a lighter, although the press didn't bother to mention that it was identical to an automatic pistol in size shape and colouring. Having seen the item in question, if someone had pointed it at me, I'd suddenly become very co-operative!
Replica guns perhaps should be made of solid silly colours, not painted over. A bright dayglo lime green or orange would lead to this being much less likely to happen.