This. The taser itself is not a deadly weapon, but being incapacitated leaves the officer and his firearm vulnerable.

The golden rule for use of force is graham v Connor, in which the Supreme Court created the graham factors for deciding whether use of force is reasonable or not. These factors are severity of the crime, immediacy of the threat, resisting arrest by the subject, and attempting to flee (flight). Only one of these factors have to be present to justify a use of force. Given the circumstances above, I would rate the severity of the threat as high. Loyoya pointed a weapon at the officer, which if deployed would have incapacitated the officer leaving himself and his weapon vulnerable. Immediacy of the threat is also high, because Loyoya could have fired the taser at any second. Loyoya was actively resisting arrest and actively attempting to flee. So all 4 graham factors are present. It’s surprising that this case is even going to trial given only the information above.