This case appears to show one downside of the “Fair” Report Privilege most reporters get. I intentionally put “fair” in scare quotes because the rule generally immunizes journalists from defamation claims if they parrot what cops tell them, even flat-out lies, but not for anything the reporters add.
How could I not know about this? It seems very important.
Is this partially behind what some people call "cop-tense" or "exonerative-tense" in reporting on shootings by police?
Locutions like "officer-involved" shootings etc.?
I try my best not to use the term (you may find a few uses from me dating back to the late '10s), but I get why a lot of reporters fall into the trap, especially when they're under pressure to put something online fast. Passive voice gives wiggle-room if, say, the guy shot himself in front of cops.
Of course, there are better ways to say it than "officer-involved shooting" in a first pass of a story. But news shops without the resources may never be able to send reporters to the scene to talk to witnesses, and some PDs don't release follow-up details for months or years, under duress.